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Using prenuptial agreements to regulate fidelity

On Behalf of | Mar 25, 2014 | High Asset Divorce |

There are many people in Wyomissing who are relatively forgiving and will take spouses back for a variety of mistakes, but many draw the line at infidelity. However a couple chooses to define infidelity, there are many people who just will not forgive a spouse for cheating. So, what if there was a way to reduce the risk of infidelity by signing a prenuptial agreement?

There are many celebrities who are willing to include infidelity clauses in their prenuptial agreements, believing that it will keep their spouses from straying. Many of these agreements force the cheating spouse to pay a sum of spousal support should they cheat. Whether these clauses will actually be upheld in court is not always clear, but even if they aren’t, there are still benefits to including them in a prenuptial agreement.

Ultimately, choosing to use a prenuptial agreement or to include an infidelity clause is up to the couple, but it is certainly something to talk through with a family lawyer.

First, having an infidelity clause forces couples to talk through their values and put a more definitive cost on cheating. Perhaps the couple has different definitions of cheating, perhaps one individual thinks the other will be more forgiving of cheating; regardless, the only way couples will know this information is if they talk about.

Moreover, if there is an infidelity clause, even if it is not enforceable, individuals who are concerned with their image may choose not to cheat for fear that they will be dragged through court and have the details of an affair be put into the public record.

Are infidelity clauses the right way to prevent cheating? That is something for each individual couple to determine.

Source: Forbes, “Can A Prenup Or A Postnup With An Infidelity Clause Deter A Husband From Cheating?” Jeff Landers, March 13, 2014