Need to see if this is sufficient as a waiver for alienation of affection and criminal conversation for an affair that happened and is continuing post separation…
“Both parties agree that either may see other persons in a romantic way as if unmarried. The further agree not to accuse any person with whom either has a relationship of criminal conversation or alienation of affection. They further agree that they will not attempt to change the division of assets/liabilities or support based upon any relationship either has or may have”
That reads to me like a 3rd party waiver. I’m assuming “accuse” means ‘formally file charges’??
That verbeage is not usually included into a separation agreement to that degree unless there has been an affair going on (secret or not).
That may be effective, however I would suggest the language be more clear. For example: Each party waives and releases to the other any claims which he/she has or may have against any other person under the law of this State or any other State for alienation of affections, criminal conversation, similar tort or any other type of 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 furnished by each party to the other for this Agreement. The institution or pursuit of such an action or claim against any third party would constitute a material breach of this Agreement.