Legal Question in Family Law in New York

Post nuptial agreement

My mom was forced during her divorce to sign a post nuptial agreement. In it, it states that my dad could have relations with other woman including sexual. It also states that she could not use infidelity as one of the five reasons for divorce since the divorce was not granted. I don't understand how New York state could allow this. He's still married, and allowed to have a girlfriend with sexual intercourse. Is there a way she could fight this, he could technically be a polygamist and the state allowing it (How I see it).


Asked on 7/14/08, 9:12 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Post nuptial agreement

I have never heard of such a thing.

Adultery is a crime in New York. An agreement that on its face allows an illegal act is void on its face. Therefore, it is my opinion that a clause in an agreement allowing for another individual to commit adultery is null and void.

Mike.

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Answered on 7/15/08, 8:27 am


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