Quick Summary:
<p>In <em>In re Marriage of Krassimir Dimitrov and Tsveta Dimitrova</em>, the Illinois Appellate Court affirmed a ruling that their postnuptial agreement was substantively unconscionable.</p>
<p>Krass...
Full Case Summary
In In re Marriage of Krassimir Dimitrov and Tsveta Dimitrova, the Illinois Appellate Court affirmed a ruling that their postnuptial agreement was substantively unconscionable.
Krassimir sought a declaratory judgment upholding the agreement, which gave him nearly all marital assets while assigning debts to Tsveta. Though there were procedural formalities, the court found it grossly one-sided, awarding 100% of listed assets to Krassimir and almost nothing to Tsveta.
Evidence showed Tsveta was pressured into signing, possibly threatened about custody and family visitation. Despite Tsveta having counsel, her comprehension was deemed limited. The court described it as oppressive and unfair.
Krassimir claimed assigning debts to him balanced the arrangement, but the liabilities were overshadowed by substantial assets he retained. The court upheld the agreement’s invalidation, concluding it served no equitable purpose and was unenforceable.