Infidelity clause template 2025

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Infidelity clauses must be fair and reasonable; severe penalties may render them unconscionable, leading to potential invalidation by the courts. The fairness of the entire prenuptial agreement matters; if the rest of the agreement is equitable, courts may choose to selectively enforce or invalidate clauses.
Although cheating clauses arent enforceable in California due to no-fault divorce law, some couples mistakenly try to include them in their prenup anyway.
While once considered unusual, the incorporation of an infidelity clause in prenuptial agreements has become increasingly common, especially among high-profile or affluent couples. Generally, an infidelity clause stipulates that a spouse guilty of adultery must pay a certain amount to the other party.
Common types of sexual infidelity include massage parlors that offer a ``happy ending, the use of s, and one night stands or random sexual encounters with friends, co-workers, or strangers. Other specific types of sexual infidelity are indicated below under Internet Affairs and ographic Infidelity.
If you do include an infidelity clause, you should be specific about what constitutes infidelity to the two of you. That could include mouth kissing, sending sexy pictures, oral sex, sexting, contacting an old boyfriend or girlfriend on social media, forming a deep emotional bond or even holding hands.
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