Post Nuptial Agreement Infidelity Clause Example

Post nuptial agreements are legal agreements that are entered into by couples who are already married. These agreements are similar to prenuptial agreements, but they are executed after the couple has tied the knot. Post nuptial agreements can cover a wide range of issues, such as asset division, spousal support, and custody arrangements. One clause that is becoming increasingly popular in post nuptial agreements is the infidelity clause.

An infidelity clause is a provision in a post nuptial agreement that outlines the consequences of any infidelity by either party. The clause usually specifies what constitutes infidelity, such as sexual contact with someone outside the marriage, and it can also outline the penalties for violating the clause.

Here is an example of an infidelity clause in a post nuptial agreement:

“If either party engages in sexual contact with another person outside of the marriage, the innocent party shall have the right to terminate the marriage immediately without any further negotiation or litigation. The guilty party shall forfeit any claim to spousal support or alimony and shall not receive any distribution of property or assets from the innocent party`s estate. The guilty party shall also be responsible for all legal fees incurred by the innocent party in connection with any divorce proceedings.”

This clause is designed to protect both parties in the event of infidelity, and it serves as a deterrent to prevent infidelity from occurring in the first place. By including an infidelity clause in a post nuptial agreement, couples can ensure that they are clear about their expectations and that both parties are held accountable for their actions.

It is important to note that infidelity clauses can be difficult to enforce, and they may not be legally binding in all jurisdictions. Therefore, it is essential to consult with a licensed attorney when drafting a post nuptial agreement with an infidelity clause.

In summary, an infidelity clause is a provision in a post nuptial agreement that outlines the consequences of infidelity by either party. An infidelity clause can protect both parties and serve as a deterrent to prevent infidelity from occurring. However, it is crucial to consult with a licensed attorney before including an infidelity clause in a post nuptial agreement.