Ventura Attorney for Postnuptial Agreements that Include Infidelity Clauses
An infidelity clause is a clause in a prenuptial or postnuptial agreement that forces an unfaithful spouse to pay financial penalties or alimony if they are ever caught cheating on their spouse. These agreements can help wronged spouses recover financial compensation for their spouse’s unfaithfulness as well as help deter a spouse from cheating under threat of financial penalties.
If you are married or getting married and want to learn more about forming a postnuptial agreement that includes an infidelity clause in Ventura or the surrounding areas, call the Law Offices of Bamieh and De Smeth today. Our Ventura infidelity clause lawyers represent husbands and wives in forming and enforcing postnuptial agreements. To schedule a free legal consultation, call us at (805) 643-5555.
What a Postnuptial Agreement Does in California
A postnuptial agreement is like a prenuptial agreement, but it is formed after the wedding instead of before. Many people think that a prenuptial agreement is unfair or poorly timed, but a postnuptial agreement can be formed any time after the wedding instead. Postnuptial agreements are usually used to create the same kinds of agreements contained in a prenuptial agreement, but they are signed during the marriage. Alternatively, a postnuptial agreement can modify a prenuptial agreement later, after the wedding takes place.
These agreements typically focus on how assets and property will be divided at the time of divorce. Just because you have a prenup or a postnup does not mean that you are planning to get divorced, but rather than you have a plan in place in case of divorce.
California’s default property division rules give each spouse half of the property. This can be a good split for many couples, but couples where one spouse has significantly higher assets, investments, business expenses, or other finances, a prenuptial or postnuptial agreement is often used to help them ensure they get their fair share rather than 50/50.
These agreements can also deal with spousal support, requiring one spouse to pay alimony after a divorce. Even if the court would not typically grant the spouse alimony because they do not have a disability or inability to work that justifies alimony, alimony agreed to in a prenup or postnup is typically enforceable.
Infidelity Clauses in Postnuptial Agreements in California
The purpose of including an infidelity clause in a postnuptial agreement usually comes down to three major reasons. First, an infidelity clause can be used to help deter cheating. If your spouse knows that they will have to literally pay for their actions if they cheat on you, it may help persuade them to stay faithful. This is especially helpful if your spouse has a history of infidelity, whether in previous relationships or in your relationship. Second, an infidelity clause reimburses the other spouse in the event that a husband or wife cheats on them. If you predict that your spouse may cheat on you, an infidelity clause can pay you fairly if they do. Lastly, an infidelity clause can be used as a bargaining chip in forming a postnuptial agreement. As mentioned, many postnuptial agreements are designed to give a greater split of the assets to the wealthier spouse. An infidelity clause can be used to give the other spouse something to use in the negotiations, guaranteeing that both sides get something out of the agreement.
Infidelity clauses can be included in both prenuptial agreements and postnuptial agreements. If you include the clause from the beginning in a prenuptial agreement, it will already be in place when the marriage begins. An infidelity clause may be formed as part of a postnup if the parties did not want to use a prenup, but it can also be added after an instance of infidelity. An infidelity clause in a postnup may be a condition on taking your spouse back or may be a needed change to help deter future infidelity.
Attorney for Infidelity Clauses in Postnuptial Agreements
Infidelity clauses are generally enforceable in California, but it is important to talk to a lawyer about creating one. Having an attorney represent you in postnuptial negotiations can help ensure that your agreement protects your rights how you need it to. It is also important to ensure that the agreement can be carried out. The definition of “cheating” or “unfaithfulness” can vary from person to person, so it is important to have the language of the agreement be precise. Proof of cheating can also be difficult to obtain short of photographs of the act. Your attorney can help you agree on what kind of proof might be necessary to help prove unfaithfulness in the event you need to take advantage of your infidelity clause.
If you already have an infidelity clause in your marriage and you think that your spouse has cheated on you, our attorneys can also help you enforce the infidelity clause and the rest of the terms of the postnuptial agreement.
Call our Ventura Attorneys for Postnups with “No Cheating” Clauses for a Free Legal Consultation
If you are considering adding an infidelity clause to your prenuptial agreement or want to form a postnuptial agreement that includes an infidelity clause, contact the Law Offices of Bamieh and De Smeth today. Our Ventura lawyers for postnuptial agreements that include infidelity clauses may be able to help you draft an infidelity clause that helps with your situation and works to guarantee you will receive additional funds and alimony if your spouse cheats on you. For a free legal consultation, call our law offices today at (805) 643-5555.