Drafting Good Settlement Agreements

by Wes Cowell, updated 3 July 2015

 

 

ENforceable as Contracts:

 

Interpreting a marital settlement agreement is a matter of contract construction.  In re:  Marriage of DUndas, 355 Ill.App.3d 423, 291 Ill.Dec.. 229, 823 N.E.2d 239 (2005)  We seek to effectuate the parties intent at the time the agreement was executed.  In re:  Marriage of Hildebrand, 166 Ill.App.3d 795, 798 117 Ill.Dec. 644, 520 N.E.2d 995 (1988).  Unless the agreement is incomplete or ambiguous, we look to the language of the agreement itself to determine the parties' intent.  Hildebrand, 166 Ill.App.3d at 798, 117 Ill.Dec. 644, 520 N.E.2d 995.  The terms of the agreement must be given their plain and ordinary meaning.  Dundas, 355 Ill.App.3d at 426, 291 Ill.Dec. 229, 823 N.E.2d 239.

 

Michaelson v. Michaelson, 359 Ill.App.3d 706, 834 N.E.2d 539 (1st. Dist., 2005)

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