During an Illinois divorce, many agreements are reached before the final judgment. These interim, non-final agreements (in emails, court orders, or memoranda) may or may not become binding. When do they bind you, and how can you protect your interests? Why Are Non-Final Agreements Important In An Illinois Divorce? Almost every agreement between parties in an Illinois divorce gets reduced to writing and is memorialized as an order. But, you only have to live with these agreements/orders until you change them. These orders are all temporary and can be changed at any time. “(d) A temporary order entered…: (2) may be revoked or modified before final judgment, on a showing by affidavit and upon hearing;” 750 ILCS 5/501(d)(2) Once the final Judgment of Dissolution of Marriage is entered all these agreements/orders expire. A temporary order “terminates when the final judgment is entered or when the petition for dissolution of marriage or legal separation or declaration of invalidity of marriage is dismissed. 750 ILCS 5/501(d)(3) After a full hearing on the final merits, “the temporary order has fulfilled its purpose and is superseded by the final—or permanent—order….Once the trial court enters the final order, an assumption arises that the court has thereby adjusted for any inequity in its temporary orders.” In re Marriage of Fields, 283 Ill. App. 3d 894, 901 (1996). Despite their temporary nature, these agreements still exist in spirit because they are relied upon by the court when ordering final non-modifiable orders. “[M]arital property” means all property, including debts and other obligations, acquired by either spouse subsequent to the marriage, except the following, which is known as “non-marital property:… property excluded by valid agreement of the parties” 750 ILCS 5/503(a)(4) The court “shall divide the marital property without regard to marital misconduct in just proportions considering all relevant factors, including: any prenuptial or postnuptial agreement of the parties” 750 ILCS 5/503(d)(7) (and a postnuptial agreement can be almost anything) “The court shall first make a finding as to whether a maintenance award is appropriate, after consideration of…any valid agreement of the parties” 750 ILCS 5/504(a)(13) “In determining the child’s best interests for purposes of allocating significant decision-making responsibilities, the court shall consider…any prior agreement or course of conduct between the parents relating to decision-making with respect to the child” 750 ILCS 5/602.5(c)(6) “In determining the child’s best interests for purposes of allocating parenting time, the court shall consider…any prior agreement or […]
