What to do if my boyfriend’s wife wants to put a morality clause in their divorce agreement?

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What to do if my boyfriend’s wife wants to put a morality clause in their divorce agreement?

Everything we do is on the up and up and are always looking out for the kids. We have been dating for a year dealing with her drama drinking, outbursts, mental instability and using kids as pawns. I live in another state so a clause just doesn’t make sense and he and I want me to be a part of the kid’s lives. We want them to see 2 people who love each other and them and that life is normal not up and down crazy. Can he fight the clause?

Asked on September 20, 2012 under Family Law, Pennsylvania

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under the laws of all states in this country any marital settlement agreement must be entered into by the parties freely and voluntarily. If your boyfriend does not want the "morality clause" in the dissolution agreement, he does not have to agree to it.

Futhermore, most likely under the laws of your state, such a clause even if agreed to is unenforceable and invalid in violation of public policy. I suggest that your boyfriend consult with a family law attorney to assist him in the matter you have written about.


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