Legal Question in Family Law in New York
My wife cheated on me 2 years ago. Beyond that, her mother has been a tremendous thorn in the side of our marriage and actually encouraged her infidelity and helped her arrange it. My wife and I have drawn up our own post-nup, which we have had notarized, that says if she is found to cheat again, i will divorce her and she will not contest, she waives her right to any maintenance, any share of marital property, and gives up her parental rights to our kids. We both signed and it was notarized . we live in NYS. is this enforceable?
2 Answers from Attorneys
As you describe it, probably not. But you should have it reviewed by an attorney...
The part which states that she gives up her parental rights is unenforceable. As to the rest of the agreement, there are requirements which must be satisfied to uphold the agreement. You should consult an attorney.
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