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News & Articles

Osborne Morris & Morgan > News and Articles > Family > Prenuptial agreements and infidelity clauses

Prenuptial agreements and infidelity clauses

Posted on 22 Mar 2016, in Family

People in Bedfordshire may be aware that prenuptial agreements have been legal in the United Kingdom since 2010. Such agreements are becoming increasingly popular, especially among the wealthy but also among young professionals. Some solicitors believe such agreements may make the property division in a divorce easier.

These prenuptial agreements define the expectations of both parties and establish rules for the marriage. Since the courts no longer consider adultery as a factor in property division determinations, some people are now including infidelity clauses in their prenuptial agreements. These clauses indicate that a spouse who cheats will get less in any divorce property settlement.

These agreements do have limits. They may not be used in such a way that makes one person experience hardship or to escape responsibility for financially supporting children. Courts generally will adopt the provisions prenuptial agreements, but the division of assets will still ultimately be determined by the court. Prenuptial agreements in the U.S have been known to include such things as a limit on how much a wife can weigh and other such things. No U.K. court has upheld any such type of a provision, nor has a court upheld an adultery clause yet either.

Family law issues can be quite complex, and people who have them may want to seek legal help. A solicitor may be able to help with many different facets of family law, including prenuptial agreements, divorces, property division and child support and custody matters. In some cases, a solicitor may be able to negotiate an agreement with the other spouse while also protecting their own client’s best interests.


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