Infidelity found pre-separaton aggrement


#1

I understand the N.C. laws regarding “no fault” state and ED. I believe I understand correctly that the separation agreement is a “roadmap” that is followed to the divorce in 1 year. My question is: if infidelity has been established pre-agreement and the offending spouse will acquiese and agree to ALL in the separation agreement (because that spouse does not want the paramour’s his/her family harmed or have knowledge of such );of which details,basically, that he(she) will NOT receive ED of property,post separation support,alimony,retirement,insurance,etc. …is this something that can be done legally; even though a blind person can see that the “found” infidelity was used as a negotiating tool; will the signed agreement hold up and “rule” the day?


#2

I’m not 100% sure I understand the question, but it sounds like you are asking if you can use new found evidence of pre-separation infidelity to negate the separation agreement and assure that your spouse receives nothing from the divorce (the initial reading sounded a bit like blackmail but I’m sure that’s not the case). I would assume that if you had a provision in the agreement that stated that such behavior nulls the agreement it might work.

I know my agreement actually has a clause that prevents either of us from going after the other in a case such as this. The only thing that negates it is if we start living together or having sex again. The agreement is intended to settle all issues of the marriage so that, in one year, absolute divorce can be filed without going through court ordered ED.

(a lawyer please correct me if I’m wrong here!)


#3

Yes, the parties are free to agree to any division they wish and the agreement will be binding and enforceable once signed by both spouses before a notary public.