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05/12/89 In Re Marriage of Carol J. Reines

May 12, 1989

IN RE MARRIAGE OF CAROL J. REINES, PETITIONER-APPELLANT,


APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION

and EDWARD J. REINES, Respondent-Appellee

540 N.E.2d 394, 184 Ill. App. 3d 392, 132 Ill. Dec. 654 1989.IL.720

Appeal from the Circuit Court of Cook County; the Hon. Louis Hyde, Judge, presiding.

APPELLATE Judges:

JUSTICE PINCHAM delivered the opinion of the court. LORENZ and COCCIA, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE PINCHAM

This is an appeal by Carol J. Reines, petitioner, from an order of the circuit court denying her motion to vacate or modify the judgment of dissolution of petitioner's marriage to Edward Reines, respondent, as the judgment pertains to the Disposition of the marital property. The circuit court entered the judgment of dissolution pursuant to a prove up and the presentation of petitioner and respondent's property settlement agreement, which agreement was incorporated in the judgment of dissolution. Petitioner moved to vacate or modify the judgment of dissolution on the grounds that material facts relating to respondent's assets were not disclosed to her, that petitioner was in effect represented by respondent's attorney, rather than by independent counsel, and that the trial court would not have otherwise entered the judgment had it known of the undisclosed material facts of respondent's assets. On the basis of the following, we reverse the trial court's order denying petitioner's motion to vacate the judgment.

The Reines' marital settlement agreement provided in pertinent part as follows:

"WHEREAS, the husband and wife each having made full disclosure to the other of all their assets :

WHEREAS, the husband and wife wish to enter into this Marital Settlement Agreement dealing with all property rights, child custody and support, maintenance and attorney's fees;

Therefore, in consideration of the foregoing premises and the following premises: IT IS AGREED:

ARTICLE II

WAIVER OF MAINTENANCE

The husband and wife in consideration of the mutual promises and undertakings set forth in this agreement, agree to waive against the other any and all claims for maintenance whether past, present or future.

ARTICLE IV

CHILD CUSTODY AND SUPPORT

The husband will pay to the wife, as and for the support of the minor children the sum of $530 per month. In addition the husband will pay all medical, dental and optical expenses for the minor children. The wife shall have the sole care, custody, education and control of the minor children . . . with the husband to have liberal rights of visitation.

ARTICLE V

REAL ESTATE

The parties now own two parcels of real estate in joint tenancy located at 1509 North Kolin Avenue in Chicago being a two flat building and 6808 West Ardmore, Chicago, Illinois which is a single family home. The income from the Kolin property will be used first to pay the mortgages on both properties and monies in excess of said mortgages will be divided equally by the parties. The wife shall have the sole and exclusive right to reside in the Ardmore property. That both properties are to remain in joint tenancy. If said properties are sold either party shall have the first right to purchase the property. The wife shall have the right to reside in the Ardmore property until the children are emancipated.

ARTICLE ...


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