Most divorces in Illinois are resolved by agreement. The steps leading to that agreement should be fair if both parties are adequately represented by competent counsel. However, if one party explicitly lies in order to get the agreement they want, that agreement may be reformed or vacated. Lying to convince someone to enter into a contract is fraudulent inducement. Final Agreements In An Illinois Divorce Before we analyze fraudulent inducement as an attack on a final agreed divorce judgement, we must understand that final agreements in an Illinois divorce usually stay final. The purpose of the Illinois Marriage and Dissolution of Marriage Act is “[t]o promote amicable settlement of disputes between parties to a marriage attendant upon the dissolution of their marriage, the parties may enter into an agreement containing provisions for disposition of any property owned by either of them, maintenance of either of them, support, parental responsibility allocation of their children, and support of their children as provided in Sections 513 and 513.5 after the children attain majority.” 750 ILCS 5/502(a) “The terms of the agreement, except those providing for the support, custody, and visitation of the children, are binding on the court unless it finds after considering the circumstances of the parties and any other relevant evidence provided by the parties, on their own motion or on the request of the court that the agreement is unconscionable.” 750 ILCS 5/502(b) “A settlement agreement can be set aside if it is shown that the agreement was procured through coercion, duress or fraud, or if the agreement is unconscionable.” In re Marriage of Gorman, 284 Ill. App. 3d 171, 180 (Ill. App. Ct. 1996) The “burden [of vacating an agreement due to fraud] is even more onerous when a party seeks to vacate or modify a property settlement incorporated in a divorce decree, all presumptions being in favor of the validity of the settlement.” Lagen v. Lagen, 302 NE 2d 201 – Ill: Appellate Court, 1st Dist. 1973 Fraud In An Illinois Divorce Fraud is one of the only ways an agreed final divorce judgement and its terms can be reviewed. There are many kinds of fraud. For example, switching out a different Marital Settlement Agreement at the last minute is “fraud in the factum.” More common for former couples who have lost all trust in each other is fraud in the inducement. Fraudulent inducement or fraud in the inducement is “Fraud […]
