In re Marriage of Sanfilippo, 2025 IL App (1st) 241794-U
MSA Upheld Despite Post-Judgment Incompetence Claims
Illinois appellate court affirmed dissolution judgment incorporating marital settlement agreement despite mental incompetence claims. Standard requires clear evidence of fraud, coercion, or clinical incompetence to void agreements. Attorneys must secure robust on-the-record prove-up proceedings to protect agreements from later challenges.
Facts
David Sanfilippo appealed Cook County dissolution judgment incorporating marital settlement agreement with Linda Sanfilippo, claiming mental incompetence at time of agreement. Trial court found agreement was voluntary and fair after on-the-record prove-up where both parties testified they entered freely.
Issue
Whether a marital settlement agreement incorporated into dissolution judgment could be set aside based on respondent's alleged mental incompetence and other procedural challenges.
Holding
The appellate court affirmed the dissolution judgment, finding respondent failed to prove incompetence or other grounds to invalidate the agreement. The trial court's findings of voluntariness and fairness were supported by the record and not clearly erroneous.
Key Reasoning
- Settlement agreements can only be set aside for fraudulent misrepresentation, coercion, incompetence, gross disparity in bargaining power, or newly discovered evidence
- Both parties testified on record they entered agreement freely and denied impairment, with written certifications confirming no contested issues
- Respondent's post-judgment psychiatric evidence and change of counsel did not overcome original court findings of voluntariness
- High burden standard applied - respondent failed to meet burden showing clinical incompetence sufficient to void the agreement
Practical Impact
For Petitioners
Secure comprehensive on-the-record prove-up with sworn testimony on voluntariness, capacity, and disclosure to protect settlement agreements from future challenges
For Respondents
Challenge MSAs immediately with timely pre-judgment objections and clinical evidence - post-judgment attacks face extremely high burden of proof
When This Applies
Applies when parties provide on-record testimony of voluntariness; distinguishable when no formal prove-up occurred or clear clinical evidence of incapacity exists
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