u/JLBME1998

▲ 7 r/Divorceprocess+1 crossposts

Prenup infidelity clause

Talking marriage and discussing a prenup with my partner. I wanted a general prenup basically protecting our current and future assets in the even of a separation. They brought up wanting an infidelity clause where I would pay them money to move on with their life if I cheat. Problem for me is they can't do te same as I make more than them. If I cheat I have to pay extra but if they cheat they just leave the relationship. I considered Mayne they pay over time but then I've seen stuff ​that says a judge can deem certain things unconscionable and toss it out or even toss the whole agreement based on that. So a judge sympathetic to a lower earning partner is like yeah you agreed but I'll disregard that or I'll take this opportunity to disregard the whole thing and give a traditional divorce take half their assets and you take half their debts. I get they want some protection to not be forced to stay or be out on the street if I messed up but I don't care for one sided punitive clause at all and I wanted no punitive clauses. Plus even if I agreed I've seen stuff that says such a thing may still be voided or cause the prenup to be voided being so one-sided against the financially better off spouse. Currently it feels like a stalemate because I won't do it again without a prenup and they say they won't do it without such a clause. What are you experiences and thoughts on this?

Please no just don't get married if you want a prenup

Please no it's easy and fine just don't cheat comments

seeking real discussion and real thoughts not societal fluff.

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u/JLBME1998 — 8 days ago