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Infidelity Clauses in Postnuptial Agreements ?Infidelity clause? is the common name given to a clause in a prenuptial or postnuptial agreement that requires a cheating spouse to pay additional money during the divorce.
An example of an infidelity clause in a prenup could be that the Agreement stipulates that if one spouse cheats, then that spouse must pay a penalty. Meaning if say, the wife cheats, then the husband gets $400,000.
Postnuptial agreements must be in writing. Voluntary ? Both parties to a postnuptial agreement must have signed the agreement voluntarily and intentionally. Any indication that one spouse coerced or threatened the other into signing will make a postnuptial agreement null and void.
The ?infidelity clause? ? an up-and-coming trend in prenuptial agreements ? seeks to ensure that there are financial consequences for the cheater if that vow is broken. Infidelity clauses are quickly becoming the most popular lifestyle clauses in pre- and postnuptial agreements.
If you didn't sign a prenup before you got married, you can still get such a clause in a postnuptial agreement which is put together after you are married (if your spouse agrees to enter into such a written document). Some couples even invest in a postnup after the discovery that one of them has cheated.