Legal Opinion · Dissent

In re Marriage Lakin

Appellate Court of Illinois

Decided March 12, 1996No. 5 — 94 — 0423Published

1DissentJustice Davis

I respectfully disagree with my colleagues regarding whether the trial judge abused his discretion when he entered a judgment order based on an earlier oral property settlement. Our decision in In re Marriage of Lorton, 203 Ill. App. 3d 823, 561 N.E.2d 156 (1990), controls the disposition of this case. In Lorton we held that a fair oral property agreement made in good faith will be enforced where the terms of the agreement are sufficiently definite and certain. That is exactly the situation here.

Following lengthy negotiations, on May 16, 1994, the parties, with their respective attorneys,…

2Cases cited6 opinions

  1. Crawford v. CrawfordAppellate Court of Illinois · 1976
  2. In Re Marriage of LortonAppellate Court of Illinois · 1990
  3. In Re Marriage of MaherAppellate Court of Illinois · 1981
  4. In Re Marriage of PerryAppellate Court of Illinois · 1981
  5. In Re Marriage of CarlsonAppellate Court of Illinois · 1989

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