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This is because in California, infidelity clauses are unenforceable. California is a no-fault divorce state, which means either person can get a divorce for no reason.Infidelity Clauses are Unenforceable in Divorce Court.

An infidelity clause in a prenuptial agreement states that if one party is proved to have been involved in an extramarital affair, the aggrieved spouse will receive a financial award from the cheating spouse.The major pitfall of a infidelity clause is that it can raise doubt or mistrust where none is warranted.

What Should be Included in a Prenuptial AgreementPremarital assets and debts.Children from previous marriage.Marital assets and debts.Marital responsibilities.Work.Family property.Property division in divorce.Dec 8, 2020

What CANNOT Be Included in Prenuptial Agreements. Every state prohibits you from including anything illegal in your prenuptial agreement. In fact, doing so can put the whole prenuptial document or parts of it at risk of being set aside. A prenup cannot include child support or child custody issues.

5 Things You Can't Include in Your PrenupIndividuals entering into their second marriage.Individuals who have children from previous relationships.Individuals who have large debts, businesses, or personal investments.Couples who have significant differences in age or income.Jun 5, 2014

When planning a prenuptial agreement, it is imperative that both you and your future spouse disclose all of your financial assets and property at the time of marriage.In addition to financial securities, debts must also be disclosed within premarital assets (even though a debt isn't generally considered an asset).

A prenup can't include personal preferences, such as who has what chores, where to spend the holidays, whose name to use, details about child rearing, or what relationship to have with certain relatives. Prenuptial agreements are designed to address financially based issues.