Prenups (or premarital agreements) are important for protecting assets, especially for high-net-worth individuals. Many wonder whether cheating can override the terms of a prenup.
What is a prenup?
A prenup is a legal contract that couples sign before getting married. This agreement outlines how they will handle assets and finances if they divorce. For people with significant wealth or income, a prenup protects their financial interests. Both parties must agree to the terms voluntarily and fully disclose their finances for the prenup to hold up in court.
The effect of cheating on a prenup
Cheating does not usually affect the enforcement of a prenup. Courts focus on financial matters, not personal behavior like infidelity. Even if one spouse cheats, the prenup stays in effect and both parties must divide assets according to the agreement. The only time a prenup might face challenges is when there are issues like fraud, coercion, or a lack of full financial disclosure.
Are there exceptions?
While cheating doesn’t cancel a prenup, some exceptions exist. If the prenup includes a specific clause that addresses infidelity and its consequences, the court may enforce that clause. These clauses are rare and must be clearly written to hold up in court. If the cheating spouse used marital assets to fund an affair, the court might address this separately but it wouldn’t void the prenup.
What you should know
A well-drafted prenup offers clarity and security in a marriage, particularly for those with significant assets. Addressing any concerns about infidelity and other potential issues during the creation of the agreement ensures that both parties are fully aware of their rights and obligations, fostering a more secure and transparent relationship.