In Re Marriage of Murphy

834 N.E.2d 56, 359 Ill. App. 3d 289, 295 Ill. Dec. 831, 2005 Ill. App. LEXIS 778
CourtAppellate Court of Illinois
DecidedAugust 1, 2005
Docket3—04—0142, 3—04—0310 cons.
StatusPublished
Cited by46 cases

This text of 834 N.E.2d 56 (In Re Marriage of Murphy) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Marriage of Murphy, 834 N.E.2d 56, 359 Ill. App. 3d 289, 295 Ill. Dec. 831, 2005 Ill. App. LEXIS 778 (Ill. Ct. App. 2005).

Opinion

JUSTICE BARRY

delivered the opinion of the court:

William (Bill) and Catherine (Cathy) Murphy were married on November 18, 1988. Dissolution proceedings between the parties commenced in 1998 and a judgment of dissolution was entered on February 19, 2003. The trial court’s rulings, in part, upheld the validity of the parties’ antenuptial agreement and ordered Bill to pay Cathy $15,000 per month from November 1, 2003, through May 31, 2007, in maintenance. Cathy appeals.

FACTS

Bill and Cathy Murphy were married on November 18, 1988. For the duration of the marriage, Bill, currently age 64, was employed as co-owner of a pipeline construction business. Cathy, currently age 56, terminated her prior employment as an office manager in 1989 and accompanied Bill on his various business trips. No children were born of this marriage. In April 1998, Bill filed a petition for dissolution of marriage in Rock County, Illinois. Cathy filed a response to this petition in December 1998, and further filed a counterpetition for legal separation. Because the issues raised in this appeal involve the parties’ antenuptial agreement and the trial court’s determination of Cathy’s maintenance award, we confine our discussion of the facts to solely these matters.

In November 2001, the trial court commenced proceedings on Cathy’s motion to declare the parties’ antenuptial agreement invalid and unenforceable. Cathy testified as follows: Cathy stated that Bill did not mention that he would need an antenuptial agreement until the night of Wednesday, November 16, 1988, two days before the wedding. Cathy said that she was under a lot of stress that week due to last-minute wedding preparations. Cathy stated that because Bill’s divorce from his prior wife was not final until November 15, 1988, Cathy and Bill were forced to keep their wedding plans a secret from many of their family and friends, and this made planning the wedding even more stressful for Cathy. On Thursday, November 17, Cathy called Mike Rock, an attorney she had used in the past, to see if he could meet with her and Bill and draw up an agreement for them. Cathy and Bill proceeded to Rock’s office that afternoon and, during their meeting, Bill took out a draft of an agreement for Rock to review. Cathy stated that she had not previously seen that document. Rock explained parts of the agreement to Cathy and then advised her not to sign it because it was very one-sided. Cathy testified that she told Rock to draft a new agreement and she and Bill did not discuss the issue any further that day.

Cathy stated that on Friday, November 18, she and Bill went to Rock’s office in the morning. Rock explained his draft of the agreement to Cathy. Cathy said that Bill said nothing negative about Rock’s draft. Before the parties left Rock’s office, Cathy asked Rock what he thought would happen if she did not sign the agreement, to which he responded, “I don’t think he’ll marry you.” Cathy stated that she began to cry when the parties reached their car, and Bill then offered to include a clause in the agreement to make her feel better. He told her that he could guarantee her $35,000 a year for every year the parties were married, or half of whatever he and she accumulated, whichever was greater. Cathy stated that she thought this clause would be inserted into Rock’s draft.

Cathy testified that later on Friday, Cathy and Bill went to see Jeff Moorhouse, Bill’s attorney. Cathy stated that she had never before met or spoken with Moorhouse. Cathy and Bill left Moorhouse’s office in order for the agreement to be redrafted and returned later that afternoon. Cathy said that she then made a phone call in the conference room while Bill discussed the agreement with Moorhouse. Bill entered the conference room while she was on the phone, handed her a copy of the agreement and told her to sign it. Cathy told Bill that she wanted to read the agreement first, but he then told her it was getting late. Cathy saw that the time was approximately 3:40 p.m., and the parties’ wedding was scheduled for 6:30 p.m. She asked Bill if the agreement was exactly as they had discussed, and after he said that it was, she signed it.

Bill’s version of the events surrounding the antenuptial agreement were as follows: Bill testified that he had mentioned the antenuptial agreement to Cathy briefly in August and October of 1988, but that Cathy told him in October that she did not want to discuss the issue until he was divorced. Bill stated that on Monday, November 14, 1988, he told Cathy that Moorhouse was going to draft an antenuptial agreement and that she would have to give Moorhouse some information the following morning. On Tuesday, November 15, Bill called Moor-house in the morning and put Cathy on the line. Around noontime, Bill then picked up two copies of Moorhouse’s draft, signed one, and gave Cathy a copy at the-airport. Bill does not know whether he gave Cathy the signed or unsigned copy. From the airport, Bill flew to Minnesota for dissolution proceedings pertaining to his prior wife. Bill stated that he called Cathy that afternoon to tell her that his divorce was final, and she told him that she had been crying over the agreement he had given her because it gave her nothing. Cathy told him that she wanted to see Rock that afternoon and made an appointment. Upon his return, Bill and Cathy went to Rock’s office and Cathy gave Rock her copy of the agreement. Rock told Bill he thought the agreement was unfair to Cathy, and Bill told Rock to revise the agreement and send a copy to Moorhouse.

Bill stated that on Wednesday, November 16, he received a phone call from Moorhouse, who received Rock’s draft of the antenuptial agreement. Bill stated that he told Cathy that this agreement “wasn’t going to fly.” Bill instructed Moorhouse to include a clause that granted Cathy $35,000 a year for up to 10 years. Bill told Cathy of this inclusion, and she said she would take it to Rock the following day. Bill testified that on Thursday, November 17, Cathy called him at work and said that she went over the agreement with Rock, and she wanted to include a provision for maintenance after 10 years of marriage. Bill called Moorhouse and instructed him to include a provision that stated there was no waiver of maintenance after 10 years of marriage. Bill said that later that night Cathy asked for an additional provision that would allow her to choose between one-half of their accumulated earnings or the $35,000 a year for up to 10 years, whichever number was greater.

Bill testified that on Friday, November 18, he and Cathy went to Moorhouse’s office and he told Moorhouse about the “accumulated earnings” provision. Moorhouse discussed the provision with Bill while Cathy was on the telephone, and Bill finally told Moorhouse to include the clause in the agreement. Bill stated that Moorhouse brought the final draft of the agreement into the conference room and pointed out the changes to both parties. Cathy and Bill then signed the agreement and Judy Foxall, Moorhouse’s notary, notarized it. Bill said that the parties left Moorhouse’s office at approximately 4 p.m.

A great deal of litigation also revolved around the validity of a second antenuptial agreement, the “Swayer document,” which Cathy had discovered.

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Cite This Page — Counsel Stack

Bluebook (online)
834 N.E.2d 56, 359 Ill. App. 3d 289, 295 Ill. Dec. 831, 2005 Ill. App. LEXIS 778, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-murphy-illappct-2005.