The parties were married in Quebec, Canada. Their daughter, Azra, was born two years later. The couple purchased a home in Addison, Illinois.  Shortly after that, Mother learned that Father was having an extramarital affair with a coworker.

Mother then went to Canada with Azra to visit Mother’s parents.   They returned about one week later than originally planned. While Mother was in Canada, she and Father negotiated the terms of a postmarital agreement.

At trial, Father testified that basically Mother overstayed her trip in Canada.  She was refusing to come back to the United States unless he signed the postmarital agreement.

Father did not think that the agreement was fair. At the time that he signed it, he was still concerned that Mother would “take off” with Azra.  He was feeling very vulnerable.

Mother got a job three or four months after she signed the document.   She filed for divorce one or two months after that.  Father was surprised by the divorce filing because Mother had promised to stay with him.

Mother had held off for over five months from filing for divorce.  This was after they had signed a postmarital agreement.  She had promised to reconcile and forgo filing for divorce.  In return, she had wanted the couple’s home as her property in the event of a divorce.  The court said that this was consideration to support a valid agreement. The home was to be her nonmarital property because of the Agreement they Had signed.

Prior to filing the divorce, Mother had arranged for the parties to attend marital and sex counseling.  She had taken other steps to save the marriage.    Father continued to have contact with his paramour during that time.   He had allegedly become verbally abusive.  He had purportedly stopped trying to make marriage work.

In re Marriage of Tabassum, No. 2-06-0843.