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

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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

Answers:

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

Answered 10 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. 


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