Illinois law invalidating a settlement agreement

(b) A proceeding for dissolution of marriage, legal separation or declaration of invalidity of marriage shall be entitled "In re the Marriage of ... A parental responsibility allocation or support proceeding shall be entitled "In re the (Parental Responsibility) (Support) of ...".(c) The initial pleading in all proceedings under this Act shall be denominated a petition.A responsive pleading shall be denominated a response.

The plaintiff then sued in Federal court (there was diversity jurisdiction) on the theory that he was fraudulently induced to sign the settlement agreement that resolved the state court case.

The Northern District dismissed the plaintiff’s fraud in the inducement claim and provided a useful synopsis of the parameters of claim preclusion under Illinois law.

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Additionally, there was an identity of parties between the two cases since the attorney defendant in the Federal case represented the plaintiff in the state court case and so was clearly in privity with plaintiff (the defendant attorney’s interests were clearly aligned with the state court plaintiff’s).

The closest call was the identity of cause of action prong.

A Premarital Agreement, also commonly referred to as a Prenuptial or Antenuptial Agreement, is a legally binding contract, entered into by parties before their marriage, that defines what will happen when the marriage ends, either by dissolution or the death of one of the parties.

A Postnuptial Agreement is an agreement that parties enter into after they are married when they wish to provide for a specific division of assets or the fulfillment of certain obligations in the event of dissolution of marriage or death.

While the law in Illinois allows for the creation and maintenance of separate property, known in Illinois as non-marital property, events during a marriage may change the character of property.

What is recognized as non-marital property at the time of a marriage may become marital property by the time of a divorce or death.

While the defendant didn’t represent the plaintiff in the earlier state court suit, the plaintiff still sued the defendant for legal malpractice based on his hands-on involvement in crafting a settlement agreement in the state court lawsuit.