Legal Question in Family Law in New York
''No Cheating'' Clause Validty in New York State
I am considering entering into either a marriage or living arrangement with a man (which I need to make a 50% financial contribution into buying a home). I have read on the internet about a ''no-cheating'' prenuptial marital clause which is between the actors Michael Douglas and Catherine Zita Jones. I am wondering if in fact this agreement would be legal and binding in New York State. I found a case in California, Diosdado v. Diosdada (2002), Cal.App.4th in which the husband cheated again after signing an agreement to pay his wife $50,000 should he stray again (which he did) and the wife lost her case. I am not sure if it was because she used her husband's lawyer and did not have her own legal representation or if this is not a situation that could be enforceable in the court system. Do you think it would be possible to enforce a ''no-cheating'' clause in New York state? Please read article http://law4today.com/newsstories/weddingoftheyear.htm
I have not been able to get a straight answer from any attorney that I have spoken with, and before making a huge mistake I am seeking out someone who might be able to answer my questions. Thanking you in advance...already burnt!
4 Answers from Attorneys
Re: ''No Cheating'' Clause Validty in New York State
This is an easy contract to write and it would be enforceable in NY State.
The issue is a 'category error. The contract must be detached from any marital issues and be a straight contract. Attaching it to marital issues would render it unenforceable.
Regarding the house, this is just not a problem. The house will be 50% yours as separate property or 50% yours as a part of the marital estate. You do not need any 'fancy lawyering' for this issue, and you need to avoid 'clever' lawyers on the 'cheating contract'.
This can be done in NY State.
Re: ''No Cheating'' Clause Validty in New York State
It probably would not be enforceable in NY, since NY is an "equitable property" state.
Please note that, In NY, Distribution and Allocation of Marital property and assets, is not be based upon the CONDUCT of the parties, during the marriage, if that conduct is not directly related to the value increase or decrease in a marital property or asset, UNLESS, such conduct is egregious. And, adultry has never been considered "egregious" conduct in a Marriage.
Re: ''No Cheating'' Clause Validty in New York State
Parties may contract for almost anything they willingly, knowingly consent to as long as it's not illegal.
The problem comes with proving a breach of a "no cheating" provision and/or defining what is "cheating", etc. Is socializing (drinks, movie w/ a friend) cheating or just intimacy? If the latter, how will you prove it?
You can include it in a pre-nup but I would not depend on a "no cheating" pre-nup as security for the future.
Rathar, be smart and make sure you keep your separate property separate, that 50% of the house is titled to you, etc.
Re: ''No Cheating'' Clause Validty in New York State
The California case would not be binding on a New York Court, but as long as both sides entered the agreement with "eyes open" and there was no undue influence to enter the agreement,there is no reason why such an agreeemnt would be unenforceable.
Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
