Legal Agreement Postnuptial With Infidelity Clause
Description
How to fill out Texas Postnuptial Agreements Package?
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FAQ
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.
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.
What is considered infidelity? The legal term for cheating on a spouse is often referred to as adultery. It is a voluntary relationship established between an individual who is married and someone who is not the individual's married partner without the partner knowing.
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.
In fact, prenuptial and postnuptial agreements can only include information about financial matters and so should not include terms related to family matters, physical arrangements, or employment. Instead, these issues will need to be settled outside of court or by a family law judge.
Infidelity clauses are likely binding, although Missouri appellate courts have never ruled upon them. Like prenuptial agreements themselves, they are contractual agreements entered into by the two parties and are usually found enforceable in most states, if done right.
