First off... I am not able to reply without logging on (despite the zillion test replies that blew up my email yesterday). Yes, I have encountered these "fidelity agreements." NJ has been steadily moving away from any status of existing law that would invite nasty discovery practices (example: 5-1. Discovery
c) Depositions of any person, excluding family members under the age of 18, and including parties or experts, as of course may be taken pursuant to R. 4:11 et seq. and R. 4:10-2(d)(2) as to all matters
except those relating to the elements that constitute grounds for divorce, dissolution of civil union, or termination of domestic partnership.), use of boudoir photos, all but egregious marital fault, etc. Although enforceable in other jurisdictions, I'll go out on a limb to say that, if ever there were a case where a clause like this was litigated to decision, an apt decision would likely set aside the agreement for consistent policy reasons. IMO
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Curtis Romanowski Esq.
Senior Attorney - Proprietor
Metuchen NJ
(732)603-8585
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Original Message:
Sent: 06-04-2014 13:08
From: Larry Raiken
Subject: Fidelity agreement
This message has been cross posted to the following Discussions: Solo and Small Firm and Family Law .
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Has anyone ever heard or have a copy of a fidelity agreement to be entered into between 2 people who are not married in which the male agrees to pay the female a sum of money if he is unfaithful during their relationship.
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Larry Raiken Esq.
Montville NJ
(973) 808-2003
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