Category: Prenuptial Agreements
Infidelity Clauses in Prenups: How Lawyers Enforce Them during Divorce
What Is an Infidelity Clause in a Prenup?
An infidelity clause in a prenuptial agreement is a provision designed to address the consequences of unfaithfulness during a marriage. It sets out what happens legally and financially if one spouse engages in adultery.
While not every couple chooses to include one, such terms are increasingly common among high-net-worth and professional couples in Toronto who wish to safeguard their financial interests and set clear expectations for marital conduct.
However, its enforceability depends on a number of legal and ethical considerations, which Toronto family lawyers carefully navigate during the drafting and potential enforcement process.