Adultery Clause In Prenuptial Agreement

In previous blog posts, I have discussed the financial impact of marital and post-ascending agreements and how to use them to help women plan for a secure financial future. A difficulty in infidelity clauses in marriage contracts is the potential to have difficulty defining infidelity. Most people may agree that you don`t need to have sex to have an intimate experience outside of your marriage, which represents adultery. But where do you draw the line between flirtation and adultery? Does sexting matter? Is there a physical contact that would not be a scam? Another difficulty is to prove that the fraud took place. If you have to prove that your husband is unfaithful, what is the standard of legal proof that you must meet – an overload of credible evidence? Moral certainty? A legitimate doubt? In addition to infidelity clauses, celebrities choose to include other lifestyle provisions in their contracts. To ensure the success of the marriage, Nicole Kidman and her husband Keith Urban signed a prenupe dealing with her substance abuse problems. If it turns out that Urban is using illegal drugs again, Kidman receives $640,000.00 per year the couple was married. On the other hand, he would not be entitled to a part of the matrimonial patrimony. Call the law firm DeVoe if your divorce case involves the validity or application of a preliminary contract or a post-uptial agreement. Lifestyle clauses deal with the non-financial aspects of a marriage and have been used to sketch things like the division of work at home, the frequency of in-laws visits, etc.

Lifestyle clauses are generally considered behavioural orientations. Although they do not focus on real estate or other assets, they may impose financial penalties for breaches or non-compliance. Recently, celebrities have made headlines with news of a particular type of lifestyle clause – the non-loyalty clause. Jessica Biel would be compensated at least $500,000 if Justin cheats. Rumor has it that Catherine Zeta-Jones had a similar lens in her prenupe with Michael Douglas , while she apparently seemed to be alone when he got lost. „Lifestyle clauses are generally considered unenforceable in California. This means that in the event of a divorce, when a prenup is introduced, the spouse who challenges the prenup will defend it for not imposing it,“ said Kelly Chang Rickert, a lawyer and legal analyst Avvo.com in Los Angeles. „In my experience, however, most people are not ready to raise this defense. For example, if you have a clause in your prenupe that fraudsters must pay a certain amount, the scammer probably does not question that. This is particularly the case for high-level divorces, where hush hush is the norm. Moreover, most people (for moral and ethical reasons) are not willing to question what they have already signed. Most people associate marital agreements with the division of property and other financial assets after the breakdown of marriage. However, prenups can actually address any number of details outside of the strict asset allocation by adding „lifestyle clauses.“ According to Weinberger, the inclusion of a non-cheating clause is often a way for the couple to express their values and set their own „rules“ for their divorce, and what the state allows to cover prenupes.

That is an outstanding question. There are no cases in Florida that definitely address this problem. Florida respects the right to contractual freedom. In general, Florida courts will enforce an agreement, including a pre-marriage or post-uptiale agreement, as long as the agreement is not contrary to Florida`s public policy.