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A couple may write their prenup because Oregon law only requires the agreement to be in writing and signed by both parties. The agreement is a legal contract that must comply with the Oregon law, and in some instances, court rulings.
Adultery can still be listed as a ground (reason) why the divorce was filed, but most states typically will not monetarily sanction a spouse who has been unfaithful, unless the unfaithful spouse spent marital money on a lover, in which case the court could order reimbursement of a portion of that marital money to the
Occasionally, some unusual provisions are included in the prenuptial agreement. One example is one clause imposing a monetary fine if one party had been unfaithful. The fine was reduced if they confessed within 48 hours. It might be good in theory, but legally speaking, it's completely unenforceable.
However, while Oregon courts have enforced postnuptial agreements, they do not have statutory authorization as do prenuptial agreements. It is important to obtain the guidance of a family law attorney expert in such matters. The prospect of your marriage ending may be the last thing on your mind.
Let's start with the basics a non-cheating or infidelity clause is just one type of provision that can be added to a prenuptial agreement (prenup). Basically, rather than leaving it up to the fate of a court ruling, a prenup outlines how finances will be split between a couple in the case of a divorce.