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My husband and I have been married for 4 years. The first year we had some hard times including infidelity. The subject keeps coming up every once in a while and while we've been dealing with a counselor for 2 years there are still some insecurities on both of our ends. However, I am now pregnant and would like to get something in writing from my husband that in case he is cheating on me or I am caught cheating on him, we agree to divorce and have joint custody of our unborn child. I was wondering how something like that can be legalized and then used at court in case it was to come to that. It's more for me to have his agreement to let me leave the marriage in case of another infidelity. Basically his agreement to sign the papers in case of adultery and if it ever comes to that I have something in writing that he agreed that if that was to happen again he is willing to sign a divorce request. Maybe a notarized letter or a postnuptial agreement would make this legal. Would something like this only be valid in the state it was signed? If you have any advice, I would appreciate that.
4 ANSWERS
Family Law Attorney serving Greenacres, FL
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Ronald Bornstein, Attorney at Law
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If either of you want a divorce at any time in the future, you don't need the other's consent or agreement to do so, and a post-nuptial agreement doesn't quite address that issue. Post-nuptial agreements generally address issues like spousal support/alimony, equitable distribution of assets and debts, separate property and joint property, etc. You may also want to consider the propriety of bringing a child into this dynamic. Consult with an attorney and discuss the specifics of your situation and your options.
Answered on Jan 22nd, 2015 at 4:38 AM
I would suggest your best approach would be to retain an attorney and have him/her draft a post-nuptial agreement with all the bells and whistles. While some of the terms and conditions may not be enforceable in some of the other States (Jurisdictions) those Courts will at least know the Parties intentions if the agreement is litigated in their Court. Good luck.
Answered on Jan 21st, 2015 at 10:06 AM
John Arthur Smitten
What you are asking for is a post nuptial agreement. Use of a lawyer is recommended.
Answered on Jan 21st, 2015 at 10:02 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Basically, you can not have an agreement about a child, until the child actually exists. Such an agreement may not be valid anywhere. Go see a family lawyer about these things.
Answered on Jan 20th, 2015 at 9:30 PM