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Does a prenuptial agreement with an infidelity clause make sense?

Newly engaged Houston couples are most likely ecstatic about their future with the love of their life. The thrill of planning the wedding and thinking about growing old with someone is thrilling. But the reality is that many marriages still end in divorce. A prenuptial agreement makes sense for a lot of couples and adding in an infidelity clause is becoming increasingly popular.

A prenuptial agreement is usually drafted to offer asset protection to each person before they get married, protecting each spouse in the event of a divorce. But besides financial protection, prenuptial agreements can also offer protection as the result of a person's behavior.

A lifestyle clause in a prenuptial agreement establishes the expectations that a couple has for the marriage. These expectations can include a wide range of different behaviors like weight gain, parental visits and how often they have sex.

If one partner does not adhere to these standards, there can be financial consequences. Although these may seem outlandish for most, infidelity is definitely something that most couples expect their partner to adhere to in the marriage. A prenuptial agreement can spell out what financial consequences can happen if one partner is not faithful.

An infidelity clause can be good for couples to discuss as well as their expectations for the marriage with their partner. Often, if a partner cheats they probably won't challenge the prenuptial agreement, as they won't want everyone to know that they cheated. They can also be a deterrent for couples who are thinking about being unfaithful. Those considering a prenuptial agreement should understand how it could benefit them and what types of clauses could be included in the legal document.

Source: Dailyworth.com, "Should you get a prenup with an infidelity clause?", Jeffrey Landers, July 15, 2014

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Attorney Christine K. Lincoln

Christine K. Lincoln offers sound counsel and legal services to protect clients and their families facing divorce and other family disputes.

She will take the time to understand your individual needs and develop a comprehensive solution to protect your rights and interests.

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