Is it possible to void a Prenuptial agreement because of infidelity?
Lets just say a prenuptial agreement was signed in Washington State (this is actually not for me believe it or not) . The husband is worth many millions, the wife none. They have 3 kids together. The husband has been caught cheating with girlfriends and even prostitutes. Is it possible to void the prenuptial agreement because of this sickening infidelity? There were no such infidelity clauses put into the prenup. It is also likely that the Wife will gain custody of the kids. Should she expect a huge payout from the potential voiding of the prenup or possibly a huge award in child support fees?
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Tags: child support, clauses, girlfriends, infidelity, prenup, prenuptial agreement, prostitutes, support fees, washington state
July 30th, 2010 at 12:04 pm
If the pre-nup was written well, then yes. If there is no infidelity clause ? I don’t know.
You need an attorney.
Reference this site for free legal advice. I ran across this site when I was looking for legal advice. It is free and has real / licensed lawyers. Don’t forget, lawyers will meet with you for an initial meeting for free. Also, nowadays, many lawyers will make arrangements with you for payments on a weekly, bi-weekly basis. Don’t forget, licensed professionals, like everyone else, are having a hard time making ends meet. They are willing to work with you.
Just get out your telephone book and start calling them (if you don’t want to check out the site).
Peace.
☺♥☻
July 30th, 2010 at 12:04 pm
the pre nup still stands unless there was an infidelity clause written
July 30th, 2010 at 12:04 pm
I think the whole point of a prenup is that she gets nothing of his. I doubt she’ll win if she tries to fight it in court regardless of why the marriage ended or who’s fault it was.
July 30th, 2010 at 12:04 pm
she can sue him for pain and suffering over the cheating but the divorce itself will be scripted by the pre-nup….
July 30th, 2010 at 12:04 pm
she’s probably better off staying married but moving out
July 30th, 2010 at 12:04 pm
Nope
should have thought about that BEFORE signing her rights away!
July 30th, 2010 at 12:04 pm
No. Why would a contract be voidable for actions that were not in violation of the contract?
July 30th, 2010 at 12:04 pm
Okay, you just don’t understand what a prenuptial contract does. It breaks down how things are to be divided in case a divorce does occur. You can have al sorts of thing put in it like reward systems for staying together for five, ten or even twenty-five year. You could omit penalties for affairs after 10 years or list out how the shared property will be divided. The prenuptial is contract listing how things are to be divide.
July 30th, 2010 at 12:04 pm
She should expect only what the Pre-Nup says she will get - which is probably nothing. But, if he’s worth that much - she’ll get pretty good child support - if she can collect it.
July 30th, 2010 at 12:04 pm
No…if there was no infidelity clause in the pre-nuptial agreement when signed, then it will stand as it is.
There is the alienation of affection law…where she could sue a third party (the girl) for breaking up a marriage. But only a few states still allow these lawsuits and i don’t believe Washington is one of them.
She’ll get something for child support; but she won’t get anything of his from the divorce.
July 30th, 2010 at 12:04 pm
I was told by my sister in law that Prenuptial agreements go out the door when you have kids together. The circumstances have changed she has children to this man and deserves something to start her life again. I think that the court will decide on what is in best interests to the children. I think the Court would take into account who is the main care giver of the children as they do not want to change circumstances. A lot men are more involved in their kids today and share the parenting in the maritial relationship. But if the man is the type to go to work and the woman is the one to stay home and take care of them she may have more of a chance. But if both parties go to work and work together with parenting I am pretty sure both parties would have a chance of Shared custody. If the Man is cheating on girlfriends and even prostitutes this would be something that the Family Court would probably like to hear in regards to his life style when it involves gaining custody of his children. This would not be a acceptable way to bring up your children knowing that your father is bringing different woman home and prostitutes. I do not that when a party gets a divorce infidelity does not come into it like it did many many years ago. In Australia law you have to be separated for 12 months before getting a divorce and you can give no reason to have a divorce. As for Child Support I am aware in Australia it is based on income of both parents, and the amount of shared care the children are with both parties. If the man is on a higher income and the woman is on a low income the chances are the man would have to pay more. But if the woman is on a higher income and has the children his Child Support could be reduced.