SB1444 98TH GENERAL ASSEMBLY

LRB098 06740 HEP 36788 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1444

Introduced 2/6/2013, by Sen. Mattie Hunter

SYNOPSIS AS INTRODUCED:

750 ILCS 5/502

from Ch. 40, par. 502

Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that parties to a dissolution proceeding may enter into a written (instead of "written or oral") agreement containing provisions for disposition of any property, maintenance, and support, custody, and visitation of children. Provides that the agreement shall be signed by both parties.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Marriage and Dissolution of Marriage Act is amended by changing Section 502 as follows:

(750 ILCS 5/502) (from Ch. 40, par. 502)

Sec. 502. Agreement. (a) To promote amicable settlement of disputes between parties to a marriage attendant upon the dissolution of their marriage, the parties may enter into a written or oral agreement containing provisions for disposition of any property owned by either of them, maintenance of either of them and support, custody and visitation of their children. An agreement under this Section shall be signed by both parties.

(b) The terms of the agreement, except those providing for the support, custody and visitation of children, are binding upon the court unless it finds, after considering the economic circumstances of the parties and any other relevant evidence produced by the parties, on their own motion or on request of the court, that the agreement is unconscionable.

(c) If the court finds the agreement unconscionable, it may request the parties to submit a revised agreement or upon hearing, may make orders for the disposition of property, maintenance, child support and other matters.

(d) Unless the agreement provides to the contrary, its terms shall be set forth in the judgment, and the parties shall be ordered to perform under such terms, or if the agreement provides that its terms shall not be set forth in the judgment, the judgment shall identify the agreement and state that the court has approved its terms.

(e) Terms of the agreement set forth in the judgment are enforceable by all remedies available for enforcement of a judgment, including contempt, and are enforceable as contract terms.

(f) Except for terms concerning the support, custody or visitation of children, the judgment may expressly preclude or limit modification of terms set forth in the judgment if the agreement so provides. Otherwise, terms of an agreement set forth in the judgment are automatically modified by modification of the judgment.

(Source: P.A. 83-216.)