question about prenup/postnup(?)

What is the name of your state? Nevada

I recently found out that my husband has been unfaithful..initially I took steps towards divorce but after a few months decided to reconcile, with the agreement that he would sign a contract promising that this will never happen again. In this contract (which has yet to be completed) he will agree to give me 100% of our personal property + 50% of his future earnings should he break the contract with me. It will state that if he has any contact with the woman he was unfaithful with..Or if he ever cheats with any woman, he agrees to the terms above.
My question is..would this stand up in court if I ever had the need to use it?

[VeronicaGia]

First off, how exactly will you prove his infidelity? Will you hire a private investigator?

Who is drawing these papers up?

I hope that there will be no infidelity to prove, but if there is there are many ways to prove it.

I will draw up the contract and have it looked at by an attorney. Also I will make sure that there are witnesses to the signatures. Would having it notorized be helpful?

[I AM ALWAYS LIABLE]

My response:

The so-called "contract" would more than likely be unlawful and/or unenforcement as being "against public policy."

A contract is "unlawful" if it is (a) contrary to an express provision of law; (b) contrary to the policy of express law, though not expressly prohibited; or (c) "otherwise contrary to good morals."

You can't hold someone to "good conduct" because your definition of such conduct may differ widely from my definition, or the court's definition. There's no way to define it properly, and in such a manner that a court would be able to enforce the terms and conditions.

Also, "adultery" in Nevada is not unlawful. In fact, it's not even a "ground" for Dissolution of a marriage in Nevada. Therefore, such a "contract" based upon a promise not to engage in adultery would be contrary to "policy of express law" and, therefore, be unenforceable.

Also, without proper "consideration" for the contract; i.e., not that you've "thought about" it - that's not the type of consideration I'm talking about - but, rather each party MUST get something of value (consideration) for any contract to be valid, and the consideration must be "lawful". Having him promise not to "boink" someone in the future is NOT proper consideration because boinking someone else IS NOT unlawful, and sexual conduct can NEVER be used as valid "consideration".

Good luck, but you can't make an enforceable contract for your marriage that would require him to be a "good boy."

IAAL

doesn't surprise me to hear that about Nevada. This State was built on gambling and adultry.

What my Husband *gets* out of this is another chance.. without something (other than his word, afterall he gave me THAT when I married him) I am leaving.

[annefan]

Dogs are faithful to their owners.