“Agreements to agree” – in this case on child’s schooling – are not enforceable.
Parties stipulation that Illinois law will control is not binding. Parties have no authority to stipulate to the meaning of a law, nor do they have the authority to choose by stipulation the law applicable to a particular suit.
Agreement to submit any dispute as to child support, custody or visitation to binding arbitration is void. (See: Discussion of law from other jurisdictions)
Confidentiality agreement retraining wife from disseminating information about the divorce or defamatory information about the parties is enforceable.
Stipulation awarding wife alimony for life is unconscionable.
(1) Stipulation is a recommendation to the court which the court can accept, reject or modify. (2) Party who agrees in stipulation is estopped from later objecting to its provisions, absent a change in circumstances.
Trial court cannot amend 10 year old divorce judgment to order payment of taxes on monthly payments. If there is no ambiguity on the face of a stipulation, the subjective intent of the parties is irrelevant. Judgements are construed in the same manner as other written instruments.
Good cause shown for reopening judgment where wife never agreed to the oral property division stipulation which was entered into on the record by her counsel.
A stipulation in anticipation of a judgment of divorce is merely a recommendation to the court. It did not bind the wife, and she was entitled to withdraw from it until it was incorporated into the judgment.
Stipulation calling for maintenance “for the lifetime” of the payee does not violate the statute or public policy. Payor is estopped from requesting termination of the obligation.