Is a pre-nup agreement withaninfidelty clause void if the innocent spouse decides to stay with the spouse who cheated?

UPDATED: Aug 1, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Aug 1, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is a pre-nup agreement withaninfidelty clause void if the innocent spouse decides to stay with the spouse who cheated?

I found out 2 months ago with valid proof that my husband was cheating on me with a woman for over a year.

Asked on August 1, 2011 Michigan


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am so sorry for the situation that you are in. I would double check with an attorney in your area who can read the agreement in total and in accordance with the laws in your state on the subject.  And honestly, I would take time to think things through before you do anything to ratify the agreement again.  Horses do not change their color and at this point the agreement is void.  I would have it declared void to protect yourself.  Then when you and your husband are on even ground you can discuss the matter and getting things back on track.  But for now, protect yourself.  Good luck. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption