Oftentimes, we hear people ask, “Are prenups void after 10 years?” This can be a confusing question, especially when there are no specific statutes defining the length of time a prenup can be in effect. However, if you have read up on your own, you’ll know that there are a number of circumstances in which a prenup can still be used. Here are a few of the most common situations where a prenup can be used:
Infidelity
It’s not uncommon for couples to sign prenups or postnuptial agreements after learning of a cheating spouse. These legal documents can be a powerful way to protect your assets from a divorce.
There are a number of factors that drive people to cheat. Infidelity can include acts like sexual intercourse, pornography, and flirting.
Proving that someone cheated on you isn’t as easy as it seems. Although it is possible to substantiate this, it will be more difficult to prove it in court.
The best way to make sure that your infidelity isn’t a problem is to talk to a lawyer about your prenup. He or she can help you to craft an infidelity clause that’s appropriate for your situation. Typically, a clause that requires restitution will make sure that justice is served.
The infidelity-related stipulation is probably the most common add-on to a prenup. But this type of clause is also a tricky one to enforce.
Unconscionable contracts
If a contract leaves one party with no choice and is so unfair that it can be considered unconscionable, it is unenforceable. Whether or not a contract is unconscionable is determined by the court, and the circumstances of the bargaining process.
It is important to have a clear understanding of the definition of an unconscionable contract. The unconscionability doctrine is an equitable and neutral rule that allows courts to reject unfair contracts. Originally used to protect minors from contracts that would leave them vulnerable, the term has evolved to apply to all types of contracts.
Generally, an unconscionable contract is a contract that does not satisfy any of the standards set by the UCC or Restatement (Second) of Contracts. In order to be unconscionable, a contract must be substantively and procedurally unfair. Depending on the type of contract, a court may void the entire contract, or just the clause at issue.
Lifestyle clauses
Prenuptial agreements are a popular way to protect premarital assets from being contested in a divorce. However, some of the clauses in these contracts are not enforceable.
Lifestyle clauses are one of the more popular add-ons. These clauses are designed to encourage or discourage specific behavior or activities. For example, the husband may be required to pay the wife a penalty for over-drinking. Likewise, the wife might be given a special allowance to gain weight in the future.
However, lifestyle clauses can also be unenforceable. Some states and jurisdictions do not recognize them. Nevertheless, there are some states that have ruled in favor of them. In Florida, for example, the Supreme Court has ruled that prenuptial clauses are enforceable if they are reasonable and fair.
A prenuptial agreement is more than just financial protection. It can also help clarify the expectations between the parties. Among other things, it can ensure that the bride will maintain financial independence after the marriage.
