In Re Marriage of Best

Chief Justice Thomas and Justices Freeman, Fitzgerald, Carman, Karmeier, and Burke concurred in the judgment and opinion.

OPINION

In this opinion, we first consider whether the appellate court erred by sua sponte reversing the trial court’s declaratory judgment order addressing the validity and effect of a premarital agreement because the second prong of the declaratory judgment statute (735 ILCS 5/2 — 701(a) (West 2004)), requiring the termination of some part of the parties’ controversy, was not met. We hold that the second prong of the statute was met even though a final dissolution order…