Is it possible to void a Prenuptial agreement because of infidelity

Asked about 1 year ago - Leesburg, VA

I sign a prenup, it doesnt say anything about cheating we are 2 weeks separates, living in the same house, differents rooms Im 99 % sure that he has another woman It is worthy to hire a private detective if he is with another woman the prenup is invalid?

Attorney answers (3)

  1. James Donald Garrett

    Contributor Level 20

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    Answered . Prenups only cover how property is distributed in case of divorce. Some will cover adultery as a condition of a more favorable distribution to the other party. However, the document is not made invalid by adultery or any other grounds for the divorce.

    Contact an attorney to review your case. Adultery requires a higher level of proof to be accepted by the court.

    By responding to questions on AVVO does not establish an attorney-client relationship between the questioner and... more
  2. Michael David Thomas

    Contributor Level 12

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    Answered . No, the prenup is not invalid. The fact of him cheating just gives you grounds to file the divorce. I would like to see what you agree to in the prenup to better advise you as to what to do. However, I suspect you merely agreed to how would divide your property should you separate, and not put any sort of clause in the agreement as to what would happen should one party commit adultery. So, sounds like you will be bound by the agreement, but I would like a chance to look at your agreement.

  3. Joseph Franklin Pippen Jr.

    Pro

    Contributor Level 20

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    Lawyers agree

    Answered . The pre-nup should define the asset allocation upon your divorce-it would not become void upon infidelity.

    The answer given does not imply that an attorney-client relationship has been established and your best course of... more

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