I had an affair. I am still secretly seeing the paramour and we plan to marry once everything is behind us. My stbx and I are FINALLY in agreement on all the ED, custody, support and alimony issues. My attorney is drafting the agreement and it includes the following paragraphs:
From and after the date of this agreement, husband and wife shall and will continue to
live separate and apart, each from the other, as fully, completely, and in the same manner and to
the same extent as though they had never been married. Each party may live at such place or
places and may reside and associate with such other persons, as they deem fit. Husband and wife
acknowledge they may engage in any employment and may conduct or carry on any trade or
business as either one sees fit, all for the separate use and benefit of themselves as single
individuals and not as a married couple.
NONINTERFERENCE AND WAIVER OF THIRD PARTY CLAIMS
Husband and wife each shall be free from interference, authority and control, direct or
indirect, by the other, as fully as if he or she was single and unmarried. Neither shall molest nor
harass the other, nor compel or endeavor to compel the other to cohabitate or dwell with him or
her. Neither party shall make any attempt, directly or indirectly, to control, restrain or interfere
with the right of the other party to engage in such employment or carry on such business, as they
deem fit. Furthermore, neither husband nor wife shall trespass upon the property of the other
unless invited to do so. Husband and wife give up, relinquish, and forever waive any claims,
lawsuits or other actions of any kind against any third party such as alienation of affection,
criminal conversation or any and all other claims as it relates to their marriage.
There is no way my stbx will sign this agreement due to the underlined text above. My question is whether there is a way to reword it so that it is more about the people we are dating NOW vs the marriage? So if was changed to read something like “Husband and wife give up…as it relates to persons they choose to date during the separation period”. Since I am dating this person, would this modified wording protect him from being sued due to the relationship during the marriage?