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Can A Prenuptial or Post-Nuptial Agreement with an Infidelity Clause Deter a Spouse from Cheating?

Whether you are considering getting married and having a prenup, or you are already married and are considering having a post-nuptial agreement, you may be wondering if you are able to include an infidelity clause. Of course, having an infidelity clause in either your prenuptial or post-nuptial agreement will not stop your spouse from cheating if they are so inclined to do so; however, having an effective infidelity clause can make it so your spouse may be deterred from cheating due to the financial consequences it can have.

If you have decided to get married and want a prenuptial agreement, or if you are already married and want to have a post-nup agreement drafted, contact the premier Murfreesboro divorce attorneys at Dotson & Taylor, Attorneys at Law. Our experienced attorneys are ready to help you draft a prenup or post-nup agreement to protect your best interests.

What is a Prenup or Post-nup?

A prenup is a shortened term for a prenuptial agreement. A prenuptial agreement is an agreement that is drafted and entered into prior to a marriage. It sets forth in writing the couple’s wishes for things such as distribution of finances and property, in the event they decide to divorce. Some common reasons to have a prenuptial agreement in place prior to a marriage include:

-Cases where one spouse has significant assets

-Cases where a spouse is part-owner of a family business

-Cases where one spouse co-owns significant property

A carefully drafted prenuptial agreement can help protect that spouse in a divorce. A post-nup, or post-nuptial agreement, is one that a married couple enters into after a marriage has already occurred. A post-nuptial agreement is legal and enforceable in Tennessee, and must be agreed to by both parties.

What is an Infidelity Clause?

An infidelity clause is a term added to either a prenuptial or a post-nuptial agreement that causes a spouse to incur some sort of penalty if they are found to have been unfaithful. Typically, this type of clause involves a monetary penalty—such as a payment of a certain amount of money to the other spouse in a divorce settlement—if that spouse has been discovered to have had an affair. Generally speaking, an infidelity clause is legal in Tennessee, but depending on how it is drafted, it may or may not be enforceable.

Will an Infidelity Clause Help Deter My Spouse from Cheating?

A carefully crafted infidelity clause may help stop your spouse from cheating. Creating a serious financial consequence for an affair may stop your spouse from choosing to go down that path; however, it could also backfire and cause your spouse to go to great lengths to hide an affair. With the threat of major financial consequences, your spouse may do everything they can to hide evidence of the affair and you may not be able to prove it in court. This is just something to consider when deciding whether to include an infidelity clause in a prenup or post-nup, since alimony may be affected if you are able to prove an affair took place, and that the affair was the main reason for the downfall of the marriage.

Contact leading Murfreesboro divorce attorneys at Dotson & Taylor, Attorneys at Law today to schedule a confidential consultation. We are nationally-recognized family law attorneys who are dedicated to protecting you and your best interests in all divorce and family law matters. Contact our office at 615-890-1982 or contact us online to schedule a confidential consultation.