Add Required Fillable Fields Online Postnuptial Templates For Free

Generally, an infidelity clause stipulates that a spouse guilty of adultery must pay a certain amount to the other party. For example, the clause could mandate a cheating spouse to compensate the other with $50,000.00 upon confirmation of infidelity.

Although cheating clauses aren't enforceable in California due to no-fault divorce law, some couples mistakenly try to include them in their prenup anyway.

Some couples even invest in a postnup after the discovery that one of them has cheated. The postnup is considered an inducement to help the marriage succeed, or to help give assurances that the spouse won't cheat again because they are agreeing that they will literally pay up if they do.

One strategy that is sometimes used to dissuade further infidelity is to have the unfaithful spouse sign an ?infidelity post-nuptial agreement". This means the partner would consent to some specified financial payment (or another significant item of value) to be paid if they cheat again.

In most cases, yes, postnups hold up in court. However, there are instances where a court may not enforce a postnuptial agreement. For example, if the agreement was not entered into voluntarily or is unfair to one party, a court may choose not to enforce the agreement.

You and your spouse can create your own postnuptial agreement, but having it drafted by a legal professional, such as a divorce lawyer, can help ensure it's compliant with state laws. In fact, some states require that each party has its own legal counsel, to make sure both spouses fully understand their rights.

Postnuptial agreements can be contested. If one party believes that the marriage contract was signed under duress or coercion or that a full disclosure of assets was not provided, they may challenge the postnuptial agreement.

What Is a Postnup? A postnuptial agreement or "postnup," is similar to a prenuptial agreement, but the former legal contract is written and signed after a couple is legally wed. A postnup contract outlines how assets will be divided in the event of a divorce.

The following cannot be included in postnuptial agreements: An unfair decision on which spouse shall provide spousal support. An unjust determination of which spouse gets what property after the divorce. Any language related to child custody, child support, or visitation rights.