When it comes to drafting a prenuptial agreement, many couples may wonder: Do prenups have infidelity clauses? The answer is yes, they can and do.
An infidelity clause, also known as a “no cheating” clause, serves to deter a spouse from engaging in extramarital affairs.
But how exactly does this work?
And are these clauses enforceable?
Let’s delve into the details.
Infidelity Clause in a Prenuptial Agreement
An infidelity clause in a prenuptial agreement is essentially a provision that states if one party engages in infidelity during the marriage, they will incur some sort of penalty, usually financial.
This stipulation can be tailored to the couple’s specific needs and circumstances, but it’s crucial to ensure it’s fair and reasonable.
It’s not about punishing a spouse, but rather setting clear expectations for the marriage.
Are Infidelity Clauses Enforceable?
This is where things can get a bit tricky.
The enforceability of infidelity clauses varies from state to state.
In some jurisdictions, these clauses may be viewed as promoting divorce, which goes against public policy.
However, in other areas, as long as the clause isn’t overly punitive and both parties entered the agreement willingly and with full disclosure, it may be upheld.
Consulting with a knowledgeable attorney can help you understand the specifics of your locale.
Postnuptial Infidelity Clause Example
While we’re focusing on prenuptial agreements, it’s worth noting that infidelity clauses aren’t limited to prenups. They can also be included in postnuptial agreements – a marital agreement entered into after the parties are already married.
For instance, a postnuptial infidelity clause might state that in the event of a divorce caused by one party’s adultery, the adulterous party would receive a smaller portion of the marital assets.
Of course, the specifics would depend on the couple’s circumstances and local laws.
Prenup Infidelity Clause Sample
So, what might a prenup infidelity clause look like?
Here’s a simplified example: “In the event that either party is found to have committed adultery, the adulterous party agrees to forfeit their claim to the marital residence.”
Remember, this is just a sample. Your own clause should be drafted with the help of an attorney to ensure it’s legally sound and appropriate for your situation.
No Cheating Clause in Prenup
The inclusion of a “no cheating” clause in a prenup is a decision that should be made thoughtfully.
It’s not about mistrust, but rather about communication and setting expectations. Such a clause can serve as a deterrent to infidelity and promote fidelity in marriage.
But remember, it’s important to consult with a legal expert to ensure that any clause you include in your prenuptial agreement is enforceable and fair.
Prenups can indeed have infidelity clauses. However, the enforceability and specifics of such clauses can vary greatly.
It’s always wise to seek legal counsel when drafting a prenuptial agreement to ensure it serves your best interests and complies with the law.