When a couple gets married, they likely take the traditional vows. Maybe they repeat to love each other until death parts them. They probably say that they will love each other in sickness and in health and for richer or for poorer. Anyone who has attended a wedding knows the classic vows.
Did you know, however, that there could be more than just the promises made in a wedding ceremony that spouses can hold each other accountable for? For example, some spouses might want it in writing that their partner won’t cheat. Furthermore, they want the consequences for cheating in writing.
Where would such rules and consequences be written? An infidelity clause, according to some family lawyers, can be part of a prenuptial agreement. Parties in Arkansas and most other places tend to use prenups primarily to protect assets should a marriage end in divorce. In some instances, it is an option to add more than numbers and assets to a prenup.
Lifestyle clauses could address various matters such as weight, spending, child-rearing, etc. Infidelity is a common lifestyle issue that couples might add to a prenup. It might say that cheating will impact alimony or property division terms.
Family laws vary from state to state, as do the norms within the divorce courts themselves. Parties who are interested in creating a prenuptial agreement for more than just financial protection should discuss their specific interests with a local attorney who can determine what is possible and how to best serve a family’s best interests.
Source: Forbes, “Can A Prenup Or A Postnup With An Infidelity Clause Deter A Husband From Cheating?” Jeff Landers, March 13, 2014