No-Cheating Clause in Ne’s Prenup

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The worst thing that can happen in a marriage is cheating. Treason is always painful, and although people say that time can heal all wounds, forgiveness may not come. In such a situation, the best solution would be to punish the partner financially, thanks to the signing of a marriage contract. 

A prenuptial agreement is a very common practice that is being used by more and more couples. Often, the focus of marriage contracts is the financial component. However, such aspects as the division of household obligations, the performance of marital duty, and even the consequences of possible cheating may be included.

In this article, we will tell you about the infidelity clause in the marriage contract and the advantages and disadvantages of this measure.

Lifestyle Aspects

The generally accepted stereotype regarding the marriage contract is that 

this document is used only when dividing property and financial assets. However, provisions on lifestyle during marriage appear in marriage contracts more and more. Lawyers from different states are reporting that couples are being asked to include funny and even crazy lifestyle points. 

Here are some of them:

  • A fixed number of children in a marriage.
  • The number of football matches that a spouse can watch on TV.
  • Limits on monetary expenses if one of the spouses suffers ludomania. 
  • The maximum threshold of weight that a husband or wife can gain.
  • Restriction on the number of visits to the marital home by relatives. 
  • The infidelity clause.

The Marital Clause

This aspect is increasingly found in marriage contracts and states that if one of the spouses is cheating, then he or she is obliged to pay the prescribed fine, and the marriage then breaks up. For the first time, the public learned about such a point from celebrities. For example, if Justin Timberlake has sexual relations with other women, then his wife Jessica Biel will receive half a million dollars. 

Pros and Cons

As with any measure, the no-cheating clause has a number of positive and negative characteristics. The advantages include, firstly, the financial component. If your spouse is cheating on you, then as compensation for mental injury, you will receive a good amount. Secondly, this rule will keep the spouses in line and drive away any thoughts of infidelity. 

However, for some, the disadvantages outweigh because the mention of this point may offend the husband or wife and indicate a lack of trust between the spouses. Also, if a couple lists a lot of lifestyle conditions, they may be denied a prenuptial agreement, and the marriage will be annulled.    

All in all, the infidelity clause in the marriage contract is very delicate, and its mention should be approached carefully. In addition, you need to study the legislation because, for example, in California, Nevada, Iowa, and Hawaii, it is forbidden to prescribe this point, so consult a lawyer on this issue.

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