In re Marriage of Amyette

Petitioner appealed from the trial court’s findings that a premarital agreement’s provisions regarding waiver of maintenance and the designation of the marital residence as non-marital property were unenforceable. The appellate court affirmed in part and reversed in part, finding that there was no basis to find that the circuit court’s undue hardship determination regarding maintenance was against the manifest weight of the evidence but that the trial court abused its discretion when it wholly adopted respondent’s originally-filed financial affidavit despite inconsistencies that existed between the documents filed by both parties. (ALBRECHT and DAVENPORT, concurring)