Prenuptial agreements are usually entered into by a man and a woman contemplating marriage in connection with determining division of property and assets as well as child custody should the marriage end in divorce. Stipulations for alimony are also typically included. In the light of many unexpected possibilities in marriage, some couples purposely include other stipulations such as the infidelity clause to dictate the consequence of having one unfaithful spouse. Depending on jurisdiction, infidelity clauses may not be allowed to be included in prenuptial agreements.
An infidelity clause specifies a financial penalty to be levied on a cheating spouse which is then awarded to the faithful spouse. We often see such agreements being drawn between high profile personalities because of the amount of wealth owned by one or both parties. However, many lesser known and common people are entering into prenuptial agreements, seeking to protect their own wealth from people who may have less than honorable intentions such as gold-diggers.
The need to insert an infidelity clause or enter into a prenuptial agreement is definitely a sign of the times. People are becoming more and more convinced that trust and commitment no longer serve as a guarantee against infidelity. An agreement is used to "force" spouses to stay faithful on the pain of dire financial consequences. Although it can be credited for a certain degree of success in preventing the occurence of infidelity in marriage, the question is up to when. To what extent can an infidelity clause exert its influence on the parties concerned?
Whichever way one looks at it, the financial consideration indicated in an infidelity clause appears to be payment for the pain caused by the cheater's action/s. In the real world, very few cheated spouses will reject this advantage since it can offer the means to start anew although it does not necessarily remove the pain. Having a prior agreement about infidelity however, tends to precondition the minds of the spouses that there are allowances provided for infidelity even if the primary objective of an infidelity clause is to prevent infidelity itself.
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