The acceptance and use of prenuptial agreements by Texas couples has increased dramatically in recent years. The thought that these documents are only for the wealthy and unromantic is quickly disappearing. Now that dealing with financial issues in a prenuptial agreement has gained popularity, the use of so-called “lifestyle clauses” is also on the rise.
Lifestyle clauses deal with activities and behaviors that the parties expect during the marriage. Examples include hair length, when family can visit — and for how long — and everything in between. Money may not be the driving force behind these clauses, but it may be a consequence for not complying with them.
One of the most popular lifestyle clauses deals with infidelity. These clauses seem to have started with celebrities and are now working their way down to non-celebrities. Since the advent of no-fault divorce, courts generally do not compensate one party for the infidelity of the other spouse. Having a clause in a prenuptial agreement concerning how a spouse will be compensated if the other spouse cheats could serve as a deterrent.
Lifestyle clauses, including those regarding infidelity, are still gaining popularity in prenuptial agreements. Just as these agreements open a dialogue between the parties regarding financial issues, lifestyle clauses could help couples deal with other difficult issues they may not otherwise talk about before marriage. For now, the courts are of differing opinions regarding these clauses. This makes it even more important that a prenuptial agreement is executed in accordance with the applicable requirements set forth in Texas law. If the agreement is not properly executed, the court may not enforce it.
Source: Forbes, Can A Prenup Or A Postnup With An Infidelity Clause Deter A Husband From Cheating?, Jeff Landers, March 13, 2014