Post-nuptial agreements are becoming increasingly popular as more and more couples seek to protect their assets and interests in the event of a divorce or separation. One popular clause that is often included in post-nuptial agreements is the infidelity clause. This clause stipulates the consequences that a spouse will face if he or she engages in extramarital affairs during the course of the marriage. In this article, we will discuss the post-nuptial agreement infidelity template and provide some guidance on how to create one.
Benefits of including an infidelity clause
An infidelity clause in a post-nuptial agreement can serve as a deterrent to cheating. It can also provide some peace of mind to the other spouse, who may be worried about the possibility of infidelity. Additionally, if infidelity does occur, the infidelity clause can provide a framework for dealing with the issue.
Some common consequences of infidelity clauses include the forfeiture of certain rights and assets, such as alimony, property, or inheritance. Other consequences may include a lump sum payment, mandated counseling, or a provision that the marriage will be dissolved in the event of infidelity.
Creating a post-nuptial agreement infidelity clause
To create an effective post-nuptial agreement infidelity clause, there are several key elements to consider:
1. Define infidelity: It is important to clearly define what constitutes infidelity in the agreement. This could include physical or emotional affairs, or any other form of betrayal that the spouses agree upon.
2. Outline the consequences: The clause should outline the consequences that will result if infidelity occurs. These consequences can include the forfeit of certain rights and assets, as well as any other agreed upon consequences.
3. Provide for exceptions: It is important to provide for exceptions to the infidelity clause. For example, if one spouse is required to travel frequently for work, it may be necessary to exempt certain situations from the infidelity clause.
4. Enforceability: The clause should be drafted in a way that makes it enforceable in a court of law. Consultation with a legal professional can help ensure that the clause is valid and enforceable.
A post-nuptial agreement infidelity clause can provide peace of mind and protection for both spouses in the event of infidelity. It is important to work with a qualified legal professional to ensure that the clause is properly drafted and enforceable. With the right elements in place, a post-nuptial agreement infidelity clause can help strengthen a couple`s trust and commitment to one another.