The reason I suggested that they come up with their own language, but inform your client verbally and in writing (with the writing acknowledged by the client in writing) that the clause is entirely unenforceable, is as a possible deterrent. Personally, I think the whole idea is utterly ridiculous. However, if the parties want the clause, there is certainly no point whatsoever in including it, then footnoting it in the agreement with "1. lol... just kidding." It's like stating in a MSA that the party-parents agree that, as long as they share parenting, they will never move more than 10 miles apart. Some clients also want ante-nuptial agreements drafted; also largely unenforceable in NJ. The same approach should be employed, with the separate memorandum between you and your client, acknowledging that under current NJ law, the agreement is unenforceable. IMO.
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Curtis Romanowski Esq.
Senior Attorney - Proprietor
Brielle NJ
(732)603-8585 begin_of_the_skype_highlighting (732)603-8585 FREE end_of_the_skype_highlighting -------------------------------------------
Original Message:
Sent: 06-30-2013 12:42
From: Hanan Isaacs
Subject: Prenups
They want a clause promising no infidelity?
That's fine, but it should clearly indicate that the promise, while hearfelt, has no legal or enforceable meaning. Otherwise, there is at least a risk that someone will be on the receiving end of a 19th century Heart Balm cause of action. No reason to invite problems.
Hanan
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Hanan Isaacs Esq.
Kingston NJ
(609)683-7400
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