When entering into a marriage, it is important to consider all aspects of the future and take proactive steps to protect your interests. This includes drafting a prenuptial agreement that covers every possible scenario, including infidelity.
An infidelity clause in a prenuptial agreement serves as a deterrent to cheating and also outlines the consequences should it occur. This type of clause can be especially beneficial for couples with significant assets or those who have been previously married.
Here is a sample of an infidelity clause that can be included in a prenuptial agreement:
“In the event that either party engages in an extramarital affair during the course of the marriage, the offending party shall forfeit any rights to spousal support, and any property division shall be made in favor of the innocent party. The innocent party retains the right to terminate the marriage without penalty, and any joint accounts or assets shall be immediately divided equally.”
It is important to note that an infidelity clause cannot legally prevent someone from cheating or punish them in any criminal manner. It simply establishes consequences within the prenuptial agreement in the event of infidelity, should it occur.
When drafting an infidelity clause, it is advisable to consult with a qualified attorney experienced in prenuptial agreements. This will ensure that the language used is clear and legally sound, and that the clause is enforceable in court should it be called upon.
In conclusion, an infidelity clause is just one aspect of a prenuptial agreement that should be considered before getting married. By taking a proactive approach and discussing all possible scenarios, couples can protect themselves and each other in the long run.