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Is there such thing as marriage with "no out" clause in an agreement?

Pensacola, FL |
Filed under: Marriage and prenups

Is a marriage possible with an agreement to never to divorce? Sort of like prenuptial but never to divorce under whatever the circumstance. Is that possible?

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Attorney Answers 2


  1. No. There are "covenant" marriages in some parts of the country, and those require pre-marital counselling and limit the grounds for divorce, but no U.S. state forces married couples to stay married if one of them wants out.

    Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to any follow-up comments. If you want to hire me, please contact me. Otherwise, please don't expect a further response. We need an actual written agreement to form an attorney-client relationship. I'm only licensed in CA and you shouldn't rely on this answer, since each state has different laws, each situation is fact specific, and it's impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.


  2. No, that is not possible, as it would be unconstitutional to require someone to stay in a marriage they no longer wanted to be in. A prenuptial agreement can be entered into that could possibly provide for certain financial penalties for infidelity or other misconduct, but that is all.

    Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This response is not intended to create any attorney-client relationship and is only based on the limited facts given. The response might change should additional facts be learned and should not be relied on as legal advice. It is recommended that you consult with an attorney who can properly assess the situation, as well as all pertinent facts, prior to taking any action based on the foregoing statements.

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