from the brain of: Libby Elizabeth

Sep 2021

Does Adultery Void Prenuptial Agreement

In Diosdado v. Diosdado (2002), a California court, found that an infidelity clause in a post-up was unenforceable because it was silent against the public order that underlies California`s innocent divorce laws. However, in other countries, infidelity laws are purportedly applicable, provided that infidelity can be proven and that the agreement is not contrary to state law. “New Jersey has just changed its laws regarding marital (and post-lowering) agreements. Now, judges evaluate marriage contracts from the date of their signature, not from the date of execution (if a divorce is requested). There has been considerable debate about whether this was the best decision, but for couples who have included lifestyle clauses in their prenup, signing by a judge at the time of the agreement may give more validity to the agreement if it is challenged during a divorce,” Says Weinberger, who wants to organize a prenup or postnup, encourages talking to a family law attorney in their own state to learn the rules. the justification for such an agreement. Infidelity clauses were at the forefront when Tiger Wood`s rumors sought to reconcile with Elin Nordegren. Nordegren reportedly retaliated by demanding a marriage contract and an infidelity clause with a $350 million fine if Woods deviated again.

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