Prenup for engaged people?

What is the name of your state?FLORIDA

Ok sticky situation. My fiance and I are plan to be wed in april 06. We have a 17 mo daughter. He recently went out and cheated on me on a drunken night. Well the first months of our relationship he cheated with the girl he had broken up with for me. He has always had problems. I want to be with him and he is seeking counceling and God. However for my daughter and I we need a since of security. So I threatened my fiance by telling him I am going to draw up a legal document that states if he cheats on me in any way shape or form that 100% of our house will then go to me... meaning he loses ownership. Is this something that can be done. He is willing I just need to make sure this is legal and how to go about it.

[Silverplum]

Originally Posted by jewellze

What is the name of your state?FLORIDA

Ok sticky situation. My fiance and I are plan to be wed in april 06. We have a 17 mo daughter. He recently went out and cheated on me on a drunken night. Well the first months of our relationship he cheated with the girl he had broken up with for me. He has always had problems. I want to be with him and he is seeking counceling and God. However for my daughter and I we need a since of security. So I threatened my fiance by telling him I am going to draw up a legal document that states if he cheats on me in any way shape or form that 100% of our house will then go to me... meaning he loses ownership. Is this something that can be done. He is willing I just need to make sure this is legal and how to go about it.

ROFL!
You are going to need a real, live lawyer for this one. IF one will take it on.

[cyana24]

... And you are thinking of marrying him, why?

I respect that you're seeking stability for you and your daughter.

Look, if he cheated with you while involved with someone else, then cheated with someone else while involved with you... you see where I'm going with this? But then I know very little about prenups. I can see the utility of a pre-nup in financial matters but unless you've a lot of assets to protect, i.e. you're very wealthy in your own right, you probably cannot build in an "infidelity clause" into the pre-nup. I assume Prenups are state specific, because laws vary by state.

Premarital counseling is good idea, too, but unless he's currently "religious" and just has "lost his way", I would not to hopeful that he will that you can force him to have relationship with God.

Florida is an "equitable division" state where "marital misconduct" supposedly does not have an impact on Property Division, meaning he should get an equitable share of any marital asets if you should divorce. Again, I don't know if "infidelity clauses" are part of a standard FL prenup.

You probably should talk to a FL lawyer about this if you're serious.

[LdiJ]

Originally Posted by cyana24

... And you are thinking of marrying him, why?

I respect that you're seeking stability for you and your daughter.

Look, if he cheated with you while involved with someone else, then cheated with someone else while involved with you... you see where I'm going with this? But then I know very little about prenups. I can see the utility of a pre-nup in financial matters but unless you've a lot of assets to protect, i.e. you're very wealthy in your own right, you probably cannot build in an "infidelity clause" into the pre-nup. I assume Prenups are state specific, because laws vary by state.

Premarital counseling is good idea, too, but unless he's currently "religious" and just has "lost his way", I would not to hopeful that he will that you can force him to have relationship with God.

Florida is an "equitable division" state where "marital misconduct" supposedly does not have an impact on Property Division, meaning he should get an equitable share of any marital asets if you should divorce. Again, I don't know if "infidelity clauses" are part of a standard FL prenup.

You probably should talk to a FL lawyer about this if you're serious.

I agree that she should talk to an attorney. However, a pre-nup is a contract, and you can put just about anything you want into a contract as long as its not requiring someone to commit a crime.

[bobbitim]

If it is in the contract you have to prove the infidelity.. he is innocent by law until you do... could be costly and difficult on top of dealing with emotional hurts...
Are you up for the battle? you already have rolled over twice and let him get away with it....

[BelizeBreeze]

Originally Posted by LdiJ

I agree that she should talk to an attorney. However, a pre-nup is a contract, and you can put just about anything you want into a contract as long as its not requiring someone to commit a crime.

Not in this case.

A contract must have mutual consideration to be valid. Offering to let him retain what he already knows is NOT mutual consideration.

Also, the 'contract' fails on it's face as against the public good. One cannot contract in opposition to judicial and/or legislative intent.

The supposed contract also fails on the following grounds:
Mutual Obligation to Perform - there is nothing in the contract stipulating what YOU will perform in exchange for his 'promise'.

Mutual Right to Remedy - what remedy does your future husband have (other than keeping what he already owns) in the event he never cheats again. It would be nothing since, to prove the contract your future husband would have to be dead.

This entire idea is luducrious and just plain stupid.

[AHA]

Originally Posted by jewellze

What is the name of your state?FLORIDA

Ok sticky situation. My fiance and I are plan to be wed in april 06. We have a 17 mo daughter. He recently went out and cheated on me on a drunken night. Well the first months of our relationship he cheated with the girl he had broken up with for me. He has always had problems. I want to be with him and he is seeking counceling and God. However for my daughter and I we need a since of security. So I threatened my fiance by telling him I am going to draw up a legal document that states if he cheats on me in any way shape or form that 100% of our house will then go to me... meaning he loses ownership. Is this something that can be done. He is willing I just need to make sure this is legal and how to go about it.

Isn't being able to trust the man you are planning to marry more important than a HOUSE!!
Can you afford the house payments on your own? Can you afford to buy him out of his ownership?