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Infidelity Clause In Prenuptial Agreement Example

09.23.21 Posted in Uncategorized by

Couples use lifestyle clauses to cover all the weight they can gain in the coming years, how often their in-laws can visit, how often they expect to have sex. Some provisions are more useful than others, but the idea is that if expectations are not met, there will be financial consequences for the spouse who does not stop him or her or who will not stop his affairs. A similar approach has been taken in other debt-free jurisdictions. In California, for example, the Court of Appeals found that an infidelity clause in a controversial prenup is contrary to public policy underlying the state`s “innocent” divorce laws and is therefore not enforceable. The infidelity clause at issue imposed a penalty going beyond the transaction obligations and maintenance obligations imposed at the time of divorce. If an infidelity clause provides protection for your financial future in the event of divorce, it may be worth adding one to your prenup. Conclusion: Your financial affairs should not suffer from extramarital affairs. Even if people cheat the old-fashioned way, a definition adapted to a written agreement is difficult. “Intimate physical contact” is a common definition, sometimes supplemented by descriptions of different sexual acts.

In the event of divorce, 1) a lot of money, time and stress can be spent arguing over what these three words mean and 2) whether such contact has taken place. However, including such a clause in a prenup can be a way for a couple to express their values and expectations of fidelity and establish ground rules about how they want to be treated during marriage. The suggestion to include such a clause forces the couple to communicate about things they might not discuss before marriage. This can be beneficial in itself, even if the clause is never enforced. As Illinois and AAML-Fellow attorney Debra DiMaggio points out, it can be difficult to “prove” infidelity. Many family law lawyers advise to pursue infidelity clauses only if it is proven that the other party has had fraud or extramarital affairs in the past. Where no one is known or suspected, the clause goes beyond what couples often try to accomplish in a prenup – that is, adequate protection of their own interests. Although rare, the infidelity clause is not unknown.

In most cases, they are solicited by a potential spouse who loves his partner (most of the time, it is the woman who asks for the clause), but perhaps know or suspect a history of fraud. The idea that a spouse would have an adulterous relationship during marriage is less than desirable, but the possibility is very real. Marriage contracts had a negative stigma, but with America`s attitude toward divorce, the attitude toward prenups also changed. When a spouse decides to include an error, he or she should think carefully about the definition and impact. A lawyer will not have a standard definition. Spouses must live with the agreement and should discuss and reflect consciously on it.. . .

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