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.



LRB098 06740 HEP 36788 b


 
 
A BILL FOR
 


SB1444LRB098 06740 HEP 36788 b



1 AN ACT concerning civil law.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



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




6 (750 ILCS 5/502) (from Ch. 40, par. 502)



7 Sec. 502. Agreement. (a) To promote amicable settlement
of 
8disputes between
parties to a marriage attendant upon the 
9dissolution of their marriage,
the parties may enter
into a 
10written or oral agreement containing provisions for

11disposition of any
property owned by either of them, 
12maintenance of either of them and support,
custody and 
13visitation
of their children. An agreement under this Section 
14shall be signed by both parties. 

15 (b) The terms of the agreement, except those providing for 
16the support,
custody and visitation of children, are binding 
17upon the court unless it finds, after
considering the economic 
18circumstances of the parties and any other relevant evidence

19produced by the parties, on their own motion or on request of 
20the court,
that the
agreement is unconscionable.

21 (c) If the court finds the agreement unconscionable,
it may 
22request the parties to submit a revised agreement
or upon 
23hearing, may make orders
for the disposition of property, 
 
 
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1maintenance, child support and other matters.

2 (d) Unless the agreement provides to the contrary, its

3terms shall be set forth
in the judgment, and the parties shall 
4be ordered to perform under such
terms, or if the agreement

5provides that its terms shall not be set forth in the judgment, 
6the judgment shall
identify the agreement and state that the 
7court has approved its terms.

8 (e) Terms of the agreement set forth in the judgment are 
9enforceable by
all remedies available for enforcement
of a 
10judgment, including contempt, and are enforceable as contract 
11terms.

12 (f) Except for terms concerning the support, custody or 
13visitation of children,
the judgment may expressly preclude or 
14limit modification of terms set forth in the
judgment if the 
15agreement so provides. Otherwise, terms
of an agreement
set 
16forth in the judgment are automatically modified by 
17modification of the judgment.

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