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Home » Increased use of infidelity clauses in premarital agreements

Increased use of infidelity clauses in premarital agreements

April 14, 2017

When most Connecticut couples consider a prenuptial agreement, it’s typically for asset protection. One party may have a significant amount of assets that he or she does not want to lose in a divorce. More and more couples are also looking to premarital agreements as a way to make their expectations known to the other party. This is done through the use of lifestyle clauses.

Lifestyle clauses can be added as a way to enforce household rules. These can include things such as divvying up chores and child rearing, but most commonly, they involve infidelity. How does an infidelity clause effect a marriage?

It forces the cheater to pay the other spouse a large sum of money if he or she strays during the marriage. Although some Hollywood celebrities have this type of clause in their prenups, this clause can apply to anybody regardless of financial status. But the question is: Is it enforceable in court?

It is in some cases, but the party accused of cheating does have the right to challenge the prenup, especially if the details are unclear. What types of actions are considered cheating? However, if the person is a Hollywood celebrity or someone who has a reputation to uphold, their best bet is to keep quiet and pay the penalty.

Infidelity clauses are also found in cohabitation agreements. These are created by couples who choose to live together but not as a married couples. Is documenting every expectation a good idea? It can be because it opens the door to communication and gives couples an opportunity to discuss their values and things that are important to them. This type of open discussion can possibly lay out the groundwork for a long-lasting relationship.

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