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In re Marriage of Barnes

Case Date: 08/28/2001
Court: 4th District Appellate
Docket No: 4-00-0990 Rel

August 28, 2001

NO. 4-00-0990

IN THE APPELLATE COURT

OF ILLINOIS

FOURTH DISTRICT


In re: the Marriage of)Appeal from
SANDRA K. BARNES,)Circuit Court of
Petitioner-Appellant,)McLean County
and)No. 99D19
EDWARD H. BARNES,)
Respondent-Appellee.)Honorable
)James E. Souk,
)Judge Presiding.
 

JUSTICE COOK delivered the opinion of the court:

Shortly before their marriage in July 1991, Sandra andEdward Barnes executed a premarital agreement (Agreement). Bothparties were represented by separate counsel. The Agreementdefined the parties' rights on the issues of property and maintenance in the event of a divorce. At all times relevant here,Edward was the sole shareholder and chief executive officer (CEO)of Glass Specialty Company, Inc. He earns in excess of $250,000per year and enjoys various perks, including use of the companyplane and vehicles. Shortly after the marriage, Sandra quit heroffice job (earning $19,000 per year) to be able to travel withand spend more time with Edward.

Sandra and Edward separated in December 1998. Sandrafiled for divorce on January 14, 1999. Sandra and Edward have nochildren together. Sandra appeals from the trial court's judgment enforcing the terms of the Agreement. She also asserts thatthe trial court improperly compelled privileged testimony andfailed to award her adequate attorney fees. We affirm.


I. PREMARITAL AGREEMENTS IN ILLINOIS

Illinois law relating to premarital agreements hasgradually evolved to permit agreements that define rights andobligations upon divorce. Historically, premarital agreementscontrolled the devolution of the parties' property upon death,not upon divorce. 1 H. Clark, Domestic Relations