QUESTION
Will a notorized agreement between two spouses hold up in court if I was threatened if i didnt sign it?
Asked on Sep 17th, 2011 on Divorce - Virginia
More details to this question:
I had an affair on my husband. The only way he would take me back was if I wrote out and signed an agreement that I would never cheat again and if I did I would loose 100% custody of my son and I would move out and loose 100% ownership of my house. He also makes me add that Regardless of the reason of divorce he would never have to pay child support (even if he divorced me) he would own the home completly and I would move out. I know he is still angry this all is still very fresh. The only reason I signed this is because he made me. I didnt want to be divorced or loose my husband or son. I wanted to save my marrige. I wanted to prove that the affair only was a weak moment and it would never happen again. Im the one that takes care of my son 24 hours a day he has never even changed a diaper. He said he was just wanted to protect his intrest if I was to cheat on him again he wouldnt have to suffer concsequences. If something does happen to us later on will I be able to get out of this?
1 ANSWER
William/J Joanis
In many states postnuptial agreements are enforceable. In Virginia I think the child support element is not enforceable, as it is against public policy. Barrett v. Gibbs-Barrett, Record No. 0889-07-1 (Va. App. 2/26/2008) (Va. App., 2008) The custody issue would also seem not amenable to a prospective agreement where the parties have reconciled. As to the property, I'd hate to guess. For peace of mind, I'd see a lawyer in Virginia.
Answered on Sep 18th, 2011 at 4:55 PM