In re Marriage of Kehoe, 2025 IL App (1st) 241270-U
Foreign Marriage Elections Need Contractual Intent
The Illinois Appellate Court held that mandatory foreign marriage document elections do not automatically constitute enforceable property agreements under Illinois law. Courts require proof of mutual intent to create contractual obligations regarding divorce property division, not just administrative compliance with foreign requirements.
Facts
James Kehoe and Lilia Garavaglia married in Italy and elected "separation of assets" on their Italian Atto di Matrimonio as required by Italian law. During their Illinois divorce proceedings, Kehoe argued this election constituted a binding agreement excluding property from marital classification under Illinois law.
Issue
Whether a mandatory foreign marriage document election constitutes an enforceable contract excluding property from Illinois marital property division under IMDMA §503(a)(4).
Holding
The Italian marriage document election did not constitute an enforceable contract under Illinois law. The court found no meeting of the minds to treat the mandatory Italian selection as a contractual agreement governing asset disposition upon divorce.
Key Reasoning
- Administrative foreign elections in marriage instruments are not automatically contractual agreements under Illinois law
- Trial court properly received parol evidence to determine parties' intent and found insufficient evidence of mutual assent
- Foreign law must be pleaded and proved with competent evidence, not assumed through judicial notice
- Enforceability requires affirmative proof that parties intended to create contractual property rights upon divorce
Practical Impact
For Petitioners
Must prove clear mutual intent and contractual assent when relying on foreign marriage document elections as property agreements
For Respondents
Can challenge enforceability by demonstrating lack of meeting of minds and administrative nature of foreign requirements
When This Applies
Applies to mandatory foreign administrative elections; distinguishable from clearly executed prenuptial agreements with explicit divorce property provisions
Statutes Cited
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