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• pc86 10y ago
  > They could, for example, be to leave Susan within a relatively short amount of time in order to marry someone younger. And should he do that, it's hard to argue with a straight face that she deserves half of everything. > Or to prevent Susan from having an obvious recourse in the event that Daniel commits adultery. How often to prenups give the cheating party a free pass?
  • dragonwriter 10y ago
    > How often to prenups give the cheating party a free pass? In some states, notably including California, infidelity clauses have been held to be unenforceable provisions in prenuptial agreements, as contrary to public policy (specifically, in CA, that policy as expressed in no-fault divorce laws.) So, if the agreement purports to create penalties for cheating that vary what the distribution of assets would be without it, that provision may not have any legal effect.