QUESTION
Can marital conduct effect a solid prenuptial agreement?
Asked on Jan 12th, 2014 on Divorce - New York
More details to this question:
We have no kids, debt and six years of marriage. Both spouses have good income, and master's degrees.
8 ANSWERS
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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What is your question, exactly?
Answered on Jan 15th, 2014 at 4:10 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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It depends upon the working of the prenuptial agreement.
Answered on Jan 14th, 2014 at 9:00 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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It depends on what marital conduct you are talking about and how solid the pre-nuptial is. I imagine you are claiming infidelity or spousal abuse. Those would normally be the only two things that would seem to cause a problem. Perhaps drug use, but then only if it affects the marriage. Regardless, the pre-nuptial would normally say that each person's property remains that person's and neither party may collect alimony. So is there a good reason to challenge the pre-nuptial? If not, just get divorced and move on with your life.
Answered on Jan 14th, 2014 at 8:59 PM
4 Awards
There's no such thing as a fully "solid" prenuptial agreement.it depends on the contract law of the state where you are filing divorce. You also don't say what type of "Marital conduct" is being asked about here. You really do need to at least consult with an attorney about your specific situation (under confidentiality) and how your local judge might view it.
Answered on Jan 14th, 2014 at 8:58 PM
A prenuptial agreement is good until a court decides it is defective, conduct does not effect the agreement, unless there are breaches of the agreement.
Answered on Jan 14th, 2014 at 8:58 PM
It depends on what is in the pre-nuptial about marital conduct.
Answered on Jan 14th, 2014 at 8:58 PM
Prenuptial agreements are put in place in anticipation of the parties not being good spouses and eventually divorcing, so marital conduct is not likely to effect a prenuptial agreement.
Answered on Jan 14th, 2014 at 8:57 PM
Bruce Provda
I think that would upon on the wording in the agreement and the particular marital conduct.
Answered on Jan 14th, 2014 at 8:16 PM