Prenuptial Agreement and Cheating

Prenuptial Agreement and Cheating: What You Need to Know

Getting married is a wonderful milestone in anyone`s life, but it`s important to protect yourself and your assets in case of divorce. That`s where a prenuptial agreement comes in. A prenuptial agreement is a legal document that outlines how assets and debts will be divided in the event of a divorce. However, many people wonder if infidelity can be included in a prenup. Here`s what you need to know.

Can Adultery Be Included in a Prenup?

The short answer is yes, adultery can be included in a prenup. In fact, some prenuptial agreements specifically address infidelity. For example, a prenup may state that if one spouse cheats, they will receive less in the divorce settlement, or they may forfeit their right to certain assets altogether. Other prenups may include clauses stating that the cheating spouse must pay a certain amount of money as a penalty to the innocent spouse.

It`s worth noting that prenups can`t dictate custody arrangements or child support payments. Those issues are decided by a judge based on what`s in the best interest of the child.

Why Include Cheating in a Prenup?

For some people, cheating is a deal-breaker. Including infidelity in a prenup can give the innocent spouse peace of mind. It also serves as a deterrent for the cheating spouse, as they know there will be consequences if they cheat. Additionally, including infidelity in a prenup can simplify the divorce process. Instead of having to prove adultery in court, the prenup already establishes the terms.

How to Include Cheating in a Prenup

If you`re considering including infidelity in your prenuptial agreement, it`s important to work with an experienced attorney. They can help you draft a clause that is legally enforceable. The language of the clause needs to be specific and clear, so there`s no confusion about what constitutes cheating. For example, the clause may define cheating as sexual contact with someone who is not your spouse.

It`s also important to discuss the clause with your partner. Including infidelity in a prenup can be a sensitive issue, so it`s best to have an open and honest conversation about it. Your partner may not be comfortable with the idea, or they may have concerns about how it will affect your relationship.


Including infidelity in a prenuptial agreement may not be for everyone, but it can provide peace of mind for some couples. Before including a cheating clause in your prenup, it`s important to understand the legal implications and work with an experienced attorney. With the right language and careful consideration, a prenup can protect your assets and give you greater control over the divorce process.