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brokenInDenver (original poster member #71262) posted at 11:23 PM on Wednesday, March 4th, 2020
I didn't even know there was such a thing as a post-nuptial agreement let alone an infidelity post-nuptual agreement.
Anyway, sounds like these are like pre-nuptuals but signed after marriage (before any type of divorce proceeding). They can included a 'lifestyle clause' that enforces certain penalties on a spouse for transgressions... like cheating.
It is comforting to think that my wife might be willing to sign one of these things as a testament to the fact that she won't cheat again. Its also comforting to know that if she does cheat again she won't get 1/2 my stuff.
Has anyone heard of these before... or better yet has anyone signed one? Would love to hear from both WS and BS.
BS (me) early 50s. WW late 40s. Two step-kids, no children of our own. Still married
Robert22205https ( member #65547) posted at 12:25 AM on Thursday, March 5th, 2020
First, I suggest you speak with an attorney as to your state's requirements regarding post nups.
You may also google the topic. I've read that generally courts are reluctant to enforce infidelity clauses.
GreenVelvet ( new member #69929) posted at 2:53 AM on Thursday, March 5th, 2020
Got one within 6 months of DDay. WH signed it as a show of good faith. He was very willing to do whatever he needed to do to put me at ease after finding out about his A. I was worried it'd make me more comfortable with leaving him and the marriage would end. However it has served the opposite; I'm comforted knowing he was willing to make a sacrifice. Plus I feel empowered, like I did something to take care of myself and my future - especially when I'm feeling insecure about choosing to stay married to a cheater.
brokenInDenver (original poster member #71262) posted at 6:10 PM on Thursday, March 5th, 2020
@Robert - i was more looking to see if anyone had signed one of these before... not looking for legal advice yet. Just wondering about the positives and negatives of whether this is something I should explore.
@greenVelvet - this is exactly what I was thinking. Its a sign of good faith on my WW's part right? If she is, indeed, serious when she tells me she'll never cheat again then sign it and no worries. I think would help give me more confidence about my future. Thanks for sharing.
BS (me) early 50s. WW late 40s. Two step-kids, no children of our own. Still married
tushnurse ( member #21101) posted at 6:27 PM on Thursday, March 5th, 2020
See an attorney. Period. D or S or 100% committed to R, everysingle betrayed spouse here needs to know and understand their full legal rights. Not doing this puts you at a severe disadvantage in choosing how to act moving forward.
Post- Nups can be made, but it is also my general understanding that they are difficult to enforce.
See an attorney. Get full legal advice for yourself from someone that knows what will and won't work.
Me: FBSHim: FWSKids: 23 & 27 Married for 32 years now, was 16 at the time.D-Day Sept 26 2008R'd in about 2 years. Old Vet now.
deephurt ( member #48243) posted at 9:18 PM on Thursday, March 5th, 2020
Yes, my wh signed one. I found something online that I could rearrange and make changes to, to suit what I wanted and had wh sign it. I doubt it’s legal but it made me feel a little better that he was that willing to sign. He tried to change it so that I got 100% if everything which definitely wouldn’t stand up I. Court but I changed it to 75/25. Like I said, I have no idea if it would stand up in court and I don’t care either way right now, it just gave me a little more faith that he was that willing to sign.
me-BW
him-WH
so far successfully in R
KingRat ( member #60678) posted at 10:20 PM on Thursday, March 5th, 2020
You need to see an attorney. Anyone can sign one but the issue is enforcement. Generally, they won't be enforceable unless they are voluntarily entered into, fair, and require a full disclosure of assets. You can attempt to put a lifestyle clause in a post nup but will it be enforceable? I wouldn't hold my breath. Like someone said though, the gesture itself may provide comfort and satisfaction.
*Interesting thing to consider. Even if the agreement was entered in voluntarily, fairly negotiated in process and enforcement, and assets were disclosed, you still need adequate consideration to have an enforceable contract. In a prenup, the marriage itself can serve as adequate consideration. It gets really tricky in a post nup if you are still living together.
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