Are you able to keep your partner from engaging in cheating? Not really, but you might be able to get them to be accountable if they cheat.
Infidelity accounts for 40 percent from U.S. divorces. Based on national studies conducted from the American Association of Marital Therapy 15% of married couples while 25% married males have been involved in extramarital affairs.
This is the reason for the increase in premarital agreements, more commonly referred to as prenups. Prenups are typically focused on financial matters, many couples are now employing them to clarify different aspects of their relationship that range from family responsibilities and marital commitment.
It is also possible to provide what happens in the event that a spouse does not keep their word.
Prenups are agreement between two individuals before getting married. The prenup typically identifies the assets and liabilities of both parties, and stipulate how these will be divided when the marriage breaks down, either through divorce or death.
Prenups aren’t just reserved for those with wealth nowadays. People with even modest assets can now get prenups. Based on the American Academy of Matrimonial Lawyers 62% of lawyers surveyed reported an increase in the amount of people seeking prenups during recent years. The reason could be due to the fact the fact that Americans have a tendency to marry late in life and be accumulating more assets prior to wedding than their parents had.
Prenups don’t have to be limited to financial matters no more. Parties have now defined what they’re expected to conduct themselves during marriage, by drafting what’s known as “lifestyle clauses.” If you do not adhere to a lifestyle clause, the court could require you to pay the cost of a penalty, which is basically, a finein the event that your spouse decides to end the marriage.
The sky seems to be the limit to what persons will add to an expression of lifestyle clause. Family law lawyers cover various categories ranging including the most sublime and the absurd, such as:
- What faith will your family follow?
- How many children are likely to have?
- What number of football games can that a couple can view in the evening on television?
- A random drug test is required for a spouse that has a history drug abuse
- Limits on spending for spouses who has a gambling or shopping issue
- What is the frequency that in-laws be invited to
- What is the maximum amount of weight that a spouse is able to gain?
The Infidelity Clauses
A clause of infidelity (also known as a no-cheating provision) is a popular clause which covers any extramarital relationships. If a spouse is found to be cheating and is caught, then the spouse can be required to pay a financial penalty in the event that the marriage breaks to pieces.
There are instances of these on the prenups of celebrities. As an example, Jessica Biel will reportedly receive the sum of $500,000 in case Justin Timberlake has an extramarital affair. Also, Catherine Zeta Jones is believed to have a large payment in the event that Mike Douglas sleeps around.
Tiger Woods in particular may be remorseful about his reported sexual scandals. While it’s unclear if the couple, he and Ellen Nordegren, had a prenup that contained the infidelity clause. His infidelity resulted in a divorce settlement which, according to Esquire it was an additional $80 million than what the amount she could have been granted.
Do Infidelity Clauses have to be enforced?
Infidelity clauses do not appear everywhere. A few states with no fault divorce like California, Nevada, Iowa as well as recently Hawaii are refusing to implement the infidelity clauses. It is due to the fact that they are essentially a punishment for anyone who has committed an offense in the course of marriage. This is against general policy in a non-fault divorce state.
There are a few states, including Pennsylvania and Tennessee are able to enforce the no-cheating provision. Contrary to states that have no-fault divorce which are akin to no-fault divorce states, these states allow individuals to seek divorce due to the act of adultery.
It all depends the location you’re in. If you’re considering the inclusion of an infidelity clause into your prenuptial agreement, ensure that you consult with a seasoned lawyer for family law within your region.
Advantages and disadvantages of infidelity Clauses?
Just like everything else there are benefits as well as disadvantages with including an infidelity clause in your prenuptial agreement. The positive side is that it can be financially beneficial. If you find your spouse cheating and you are able to collect additional money from your divorce. Although the infidelity clause isn’t legally valid, the cheating spouse might be willing to accept a higher amount as part of a settlement in order to prevent the scandal from being exposed.
A third benefit is moral and ethical. A clause that prohibits infidelity in your contract could deter the possibility of cheating from having an affair.
But there are also disadvantages. The mere act of asking for an clause could cause offence, particularly when there isn’t a any previous record of cheating. These clauses can create suspicion before marriage commences. Some courts may remove the whole prenup if it contains excessive lifestyle clauses within the agreement. If you’re considering to include an infidelity clause, it is important to watch out.
Do I want an infidelity clause in my prenup?
The couple you’re planning to marry must discuss what you expect from one another prior to the wedding. However, your prenup is probably not the best place for this as some judges won’t enforce clauses on lifestyle in the first place. If you think you’ll need to have it written by your prospective spouse but you’d consider putting down the marital obligations in a separate agreement.
There is no need to resolve this on your own – Seek the help of a lawyer
A consultation with a lawyer could assist you in understanding your rights and help you defend your rights. Check out our directory of attorneys to locate a lawyer close to your home who will be able to assist.