I’ll try to keep this short…
I had an affair after being married for 11 years. We had a lot of problems, I had asked for counseling, had sought help for depression with no support from husband, had stayed home with our 3 girls for 10 years and did everything for them…I could go on and on. I had told my husband that I planned to leave after Christmas. During the time leading up to Christmas I became involved with someone and told my husband about it. He tells everyone that everything was fine until this person came into the picture but he knows that isn’t so. Anyway…we separated officially in January with our Separation Agreement being signed on January 19th. He had his lawyer include a Third Party Waiver which, the way I read it, states that he has waived his right to sue my “third party.” However, he threatens to do so often if I complain about the way we divide time with our three girls. I’m wondering why he continues to threaten if he knows he already waived his right to do anything - what am I missing? Here is what the third party waiver states:
“ARTICLE XII THIRD PARTY WAIVER: Each party waives and releases to the other any claims whcih he or she has or may have against the other person or related to the other person under the laws of this state or any other state of alienation of affections, criminal conversation, or any other type action which may be allowed as the result of any relationship between the other spouse and any third person. It is therefore specifically understood and agreed that any third person against whom such legal action is brought by either husband or wife may plead this provision as a third party beneficiary in bar of any such claim. The foregoing release and waiver is acknowledged by each party to be a substantial part of the consideration furnihsed by each party to the other for this agreement.”
Obviously don’t have any sort of law experience, but the way I read this, he waives his right to do anything UNLESS I breach any other part of this agreement (i.e. if I were to take him to court regarding custody of our girls)? Is it legal for him to threaten to sue myself or my third party if I try to get at least 50/50 custody of our girls?
Thanks for any help you can give!
You are correct that the third party waiver means that your husband has waived his right to sue your paramour for alienation of affection, criminal conversation, etc. His “threats” to you are worthless given the third party waiver assuming your separation agreement has not been rescinded and it is properly signed and executed by both you and your husband.
Even if you were to initiate a custody action against your husband or you were to be in breach of the separation agreement, the third party waiver would still prevent your husband from filing a lawsuit for alienation of affection, criminal conversation, etc.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
That sounds like very good news. What exactly does that last line mean? I’m having trouble figuring out what his angle was…why waive his right to sue but continue to threaten it?
With the third party waiver as you have provided means there is no situation in which your husband could sue your paramour for alienation of affection or criminal conversation.
You husband may not understand the third party waiver or may not remember that it was included in the separation agreement.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.