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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.
Prenuptial Agreement ClausesBackground Section.Property Section.Separate Property Recapture of Real Estate.Current and Future Income and Debt.Spousal Support.Gifts and Inheritance.Debts and Liabilities.Breach.More items...
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.
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
When writing a postnuptial agreement, you must provide information about both parties. Besides the basic details related to you, your spouse, and your marriage, you will also need to include your marital background, legal representation, and financial disclosures in later sections.