DO NOT write it yourself. Usual it is some sort of monetary penalty. What does a prenuptial agreement sample form look like? We don't have kids. Edit: Sorry for the confusion, I’m asking if it would be worth going to a lawyer for, I have no intention of writing it myself. If not, what do you hope a pre-nup will accomplish? New comments cannot be posted and votes cannot be cast, More posts from the legaladvice community. Not my intention, just wondering if getting a prenup would be my best option. She said on a Reddit thread: “My fiance put a few odd clauses in our prenup, such as an infidelity clause so if I cheat on him, I walk away with basically nothing.”. Severability Clause: This clause says that if a court finds part of the agreement void, the couple wants the rest of it to be enforced. All's fair in lifestyle clauses - one wife added a maximum weight stipulation of 180 lbs. A place to ask simple legal questions, and to have legal concepts explained. It lays out the consequences if a spouse cheats during the marriage. An extra $100,000 for every year the non-cheating spouse stays in the marriage. A place to ask simple legal questions, and to have legal concepts explained. These clauses can do everything from dictating a spouse’s weight to the cheating clauses mentioned above. Neither of us have a lot of wealth built up, but he has a decent amount of debt while I’ve just managed to pay mine off. Another prenuptial agreement included a $500 fine for each excess pound the wife gained. If it is a viable option, I fully intend to visit a lawyer. In simple terms, lifestyle clauses are conditions written into prenuptial agreements which dictate the ideal behavior of one or both partners in a marriage, or outline jointly-made decisions regarding matters such as the upbringing of children, religion and how to deal with in-laws. Or an extra $1,000,000 in the divorce settlement. After thinking about it, I thought maybe an infidelity clause would make me comfortable enough to accept him. If you don't, just live together. You will likely be able to challenge any language that purportedly denies you your share of the marriage's assets. A infidelity clause or cheating clause is a type of lifestyle clause that goes into a prenup. Press question mark to learn the rest of the keyboard shortcuts. Thank you. A marital agreement can be a prenup that is signed before marriage or a postnup that is signed during marriage. Prenups aren’t just about money and assets any more. Just because two people agree to something in a contract doesn't make it enforceable, or legal. The rest of your post isn't really a legal advice question. Such agreements, also known as “lifestyle clauses,” can be drafted by family law attorneys. Termination Clause: This part of the premarital agreement describes whether the couple wants to allow the agreement to be terminated and, if so, how. nameholder or the property owner as of the date of the marriage. We don't have kids. If you are seriously considering any kind of prenuptial agreement, you absolutely need to be taking to an IRL matrimonial lawyer about this. Jennifer Lopez Wanted A $250 Million Cheating Clause. The 29-year-old woman explained that her 36-year-old fiance is a very successful neurosurgeon so she wasn’t surprised when he asked for a prenup. I don't want to hear about the age gap or the wealth gap because that's not why I married him but now I'm worried. If you have any questions about infidelity clauses, or prenuptial agreements in general, feel free to give us a call at +1.786.308.8588. Namely, an infidelity agreement makes it unquestionably clear that it is not acceptable for either partner to take part in extramarital affairs or relations. I live in Mississippi, he lives in Pennsylvania. He even suggested adding an infidelity clause which I didn’t think of, but certainly welcomed the suggestion. Woman's Day dropped a drama bomb this month with a story about Lopez putting a $250 million cheating clause in their prenup… I’m just wanting to see if it’s an actual option instead of something I’m confused about before I go and talk to a lawyer about it. I have some deep seated issues with fear of infidelity/adultery ruining a marriage, not because I suspect him of anything, but because that’s what ruined my parent’s marriage. I have some deep seated issues with fear of infidelity/adultery ruining a marriage, not because I suspect him of anything, but because that’s what ruined my parent’s marriage. That was never in the cards for me and he never wanted any more. It usually divides the community estate into two separate estates, one for each spouse. increasing the payable distributive award by 50%) or if the nonmonied spouse cheats (e.g. The thing says I have to say I'm in Texas. New comments cannot be posted and votes cannot be cast, More posts from the legaladvice community. Clauses that are blatantly unfair to one of the parties can be invalidated. What success will look like is somewhat variable. Many family law attorneys advise pursuing infidelity clauses only when the other party has a proven history of cheating or extra-marital affairs. I went to an office and they told me what was in it and said it was standard. Infidelity clauses have made headlines in recent years with celebrities often including them in high-profile prenups. Reasons for Infidelity Post-Nuptial Agreements Manhattan-based divorce lawyer Jacqueline Newman explains the typical underlying reasons for post-nuptial agreements: they are “often done after there has been some element of infidelity in the marriage. You can literally make your partner pay if you catch them cheating. Can a Prenup or a Postnup With an Infidelity Clause Deter a Spouse From Cheating? The basic situation is my boyfriend asked me to marry him, I (probably) ruined his proposal by telling him I needed to think about it. decreasing the payable distributive award by 50%). How would I accomplish it if is? That was totally a sunset clause.) Severability Clause: This clause says that if a court finds part of the agreement void, the couple wants the rest of it to be enforced. The 29-year-old woman explained that her 36-year-old fiance is a very successful neurosurgeon so she wasn’t surprised when he asked for a prenup. I know he's cheating. Punitive clauses in pre-nups are often not enforced the way they're written. He's significantly older than I am, and he's making the money while I was a secretary and now I do community work. But infidelity is the most common lifestyle clause, according to Carrozza. Take it to a family law attorney and ask. Weight clause. even the New York Times has shed some limelight on the trend), by no means does that necessarily make it a societal norm yet. Not just paid for, but actively working for. If you do decide to pursue an infidelity clause in your prenuptial agreement, you should address several specific concerns. I talked this over with my fiancé and told her to go over the prenup with her lawyer to see if we can reach mutually agreeable terms. I don't want to hear about the age gap or the wealth gap because that's not why I married him but now I'm worried. While all marital issues (of course) come down to personal choice, there are very few reasons not to include an infidelity clause in your prenup if you and your spouse value fidelity. Though again, I don’t know too much about it, I’m not sure if that’s really an option. Edit 2: I’m not trying to say that it would prevent him from cheating on me. It sounds like she's already getting that: Like if he cheats, it's fine and he only has to pay me whatever it was he would've anyway. "My fiance put a few odd clauses in our prenup, such as an infidelity clause so if I cheat on him, I walk away with basically nothing," writes the Redditor in a slightly edited thread. I am a bot whose sole purpose is to improve the timeliness and accuracy of responses in this subreddit. For better or worse, some couples are now including I never met the lawyers before. If you both agreed to it in the contract, I can think of no reason why it would be illegal to have it that way, though. This wasn’t the only one of his marriages to have a prenup with a cheating clause. You aren't writing your own pre-nup, are you? She reportedly made $4 million off his indiscretions. A conditional prenup isn't ideal (so one would assume the same applies for a conditional postnup). Denise Richards took full advantage of this when she was married to Charlie Sheen. Where none are known or suspected, the clause goes beyond what couples are often trying to accomplish in a prenup -- that is, a reasonable protection of one's interests. A prenup more than likely isn't going to solve those issues, processing through it will. Is that even possible? After thinking about it, I thought maybe an infidelity clause would make me comfortable enough to accept him. High Infidelity. With 55% of divorcing couples saying infidelity was the reason behind their divorce, the cheating clause seems to make sense on paper. My fiance put a few odd clauses in our prenup, such as an infidelity clause so if I cheat on him, I walk away with basically nothing . It doesn't include every consideration and clause (since those depend on each couple's unique situations), but it's a starting point of what a basic prenup looks like. Press question mark to learn the rest of the keyboard shortcuts. Do either of you have any major assets/wealth right now? I suppose I was looking for a prenup to be a deterrent for infidelity than anything else. This is not true. Gone are the days when the only purpose of a prenuptial or postnuptial agreement was to specify each spouse’s property rights and financial obligations in the event the couple divorced. Did you receive independent legal advice before signing the prenup? I was an idiot apparently. A woman has posted to Reddit asking for advice about some “weird clauses” her fiance has put in their prenup.And we’d say weird is an understatement. A number of famous actors and actresses have infidelity clauses in their prenups. That’s why I’m asking lol. Their prenup included a $4 million payout if she caught Sheen cheating. Some infidelity clauses even include property, such as the family home, as the price of cheating. Turning to Reddit for some casual legal advice, she explained: "My fiancé put a few odd clauses in our prenup, such as an infidelity clause so if I cheat on him, I walk away with basically nothing." For some couples, playing an infidelity clause in a prenuptial agreement is a way of expressing personal values in a state that no longer recognizes infidelity as a factor in distributing assets. Original Post: I don't want to hear about the age gap or the wealth gap because that's not why I married him but now I'm worried. She got VERY offended that I even felt the necessity for one. Actress Catherine Zeta-Jones is rumored to have an infidelity clause in her prenup with Michael Douglas. Infidelity Clauses and Prenuptial Agreements A common lifestyle clause that clients inquire about including in a prenuptial agreement is an infidelity, or “no-cheating” clause. The issues I have with my parents is more financial devastation than emotional, and I’m looking for the best way to handle that legally. … My questions: Is that the best option? Termination Clause: This part of the premarital agreement describes whether the couple wants to allow the agreement to be terminated and, if so, how. If you do, consult a family law attorney about this. The infidelity clause in the Diosdados’ prenup attempted to impose a penalty on the breaching party of liquidated damages in the amount of $50,000 over and beyond … I know I signed it, and I have to live with it. An infidelity clause is one of the most common and most reasonable things to include in any prenuptial agreement, as the terms they make explicit are very widely regarded as an essential part of most marriages. So, that is an issue to consider when you add one of these social media clauses in your prenup. Jessica Biel reportedly has an agreement with Justin Timberlake that would net her $500,000 if he cheats. It doesn't include every consideration and clause (since those depend on each couple's unique situations), but it's a starting point of what a basic prenup looks like. Please update the body of your original post to include this information. No one wants to get in a car crash or have their house burn down - and that's why you get insurance. In previous blog posts, I’ve discussed the financial implications of prenuptial … Infidelity clauses, often known as “bad boy, bad girl” clauses, can be bilateral, meaning that there is a penalty if the monied spouse cheats (e.g. LocationBot 4.89 17/83rds | Report Issues. Can that be legal? An infidelity clause is a component of a prenuptial agreement stating that if one party is proved to have been involved in an extramarital affair, the aggrieved spouse will receive a financial award from the cheating spouse. Cheating stipulations are one of the most common add-ons to prenuptial agreements that contain lifestyle clauses. The enforceability of prenups is very tricky, and you don’t want to do this one DIY. A infidelity clause or cheating clause is a type of lifestyle clause that goes into a prenup. Infidelity and Prenuptial Agreements The notion that a spouse would have an adulterous relationship during the course of a marriage is less than desirable, but … No one can say who it applies to without reading the document, and document review is beyond the scope of the sub. She said on a Reddit thread: “My fiance put a few odd clauses in our prenup, such as an infidelity clause so if I cheat on him, I walk away with basically nothing.”. Though it’s true that the idea of open marriage is gaining more buzz than ever before (e.g. Thank you. for her husband. The … I can if the lawyer that provided her counsel was in fact working for the husband. Pay to have a professional do it. Infidelity clauses may be an effective deterrent to cheating for some spouses, although they are not strictly enforceable in California. My question is why do celebrity women marry men if they think there is a strong likelihood that he will cheat? For more on lifestyle clauses check out an older post I did. But I'm reading it and I think it only applies to me. For instance, it has been reported that if Justin Timberlake ever cheats on Jessica Biel, she will receive $500,000. If you make it conditional on "infidelity", depending on who interprets the contract it may only be actual sex. What does a prenuptial agreement sample form look like? Challenging an Infidelity Clause. It is true that lifestyle clauses are often unenforceable. He’s been offered a job in Georgia, so the assumption is that if we did get married, we’d both move there. Press J to jump to the feed. I just was wondering if it was a legally viable option before I presented the idea. be able to challenge any language that purportedly denies you your share of the marriage's assets. It appears you forgot to include your location in the title or body of your post. Sorry if I gave the impression I want to write it myself! First, you and your prospective spouse need to create precise definitions for infidelity. That was my main question, sorry for the confusion! If you're contemplating divorce, don't let that language in your pre-nup discourage you from speaking to an attorney. So what is an infidelity clause?