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Lifestyle clauses and marital agreements

Whether pre- or post-, a marital agreement can protect couples in Denver who are preparing for a financial future. A recent question that many family attorneys have addressed is whether or not adding a lifestyle clause to a prenuptial agreement will affect the quality of a person's marriage. Lifestyle agreements specify behavior guidelines during the marriage in addition to matters normally addressed, such as property division, alimony and estate planning.

A lifestyle clause might cover any number of subjects such as housework, vacations, visits from family and friends or even weight requirements. If someone doesn't adhere to these, they could face a financial sanction. The most common lifestyle clauses usually relate to marital faithfulness. If a person strays during the marriage, their spouse could be entitled to a hefty chunk of money, especially for the rich and famous.

One family lawyer reported that the number of prenuptial agreements was increasing in general. In addition, couples are openly discussing lifestyle clauses, including infidelity agreements. While a couple can still divorce because of adultery, the courts will not usually order a financial sanction in these cases. However, if the couple has included a lifestyle clause in their prenuptial agreement, they might be entitled to monetary compensation. In some cases, it might be advisable to have a judge sign off on a marital agreement, which could strengthen its merits if it is ever contested in court. Even so, defining unfaithfulness and proving these cases can be difficult.

Marital agreements can benefit couples in some cases and address a number of issues. A family attorney might be able to help clients draw up a pre- or post-nuptial agreement with lifestyle clauses that work for their situation.

Source: Forbes, "Can A Prenup Or A Postnup With An Infidelity Clause Deter A Husband From Cheating?", Jeff Landers, March 13, 2014

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