A divorce lawyer has revealed the two mistakes people always make with their prenuptial agreements – and why you should always invest in a good lawyer.
James Sexton is a New York-based family attorney and author with more than 20 years of experience in the industry.
Recently he went on one podcast with computer scientist Lex Fridman and discussed the intricacies of prenuptial agreements, and why people should never include a fidelity or sunset clause.
A prenuptial agreement is a contract that a couple draws up before they get married. It usually lists all the assets each person owns, including any debts, and outlines how they will be divided in the event of a divorce.
‘Fidelity’ clauses mean that the marriage contract is void if one person is unfaithful, and a ‘sunset’ clause defines the time after which the terms of the agreement expire.
James Sexton (pictured) is a successful New York-based family law attorney and author with more than 20 years of industry experience
“I discourage people from including fidelity clauses and sunset clauses,” Mr Sexton said.
For example, some prenuptial agreements usually waive alimony after a divorce, but a fidelity clause may stipulate that the wronged person must be paid a certain amount because the other is unfaithful.
“The idea is to discourage the person from cheating, but it just creates an interesting legal battle for lawyers.”
“How can you prove that they cheated or not? What does deception entail? Is an emotional affair cheating? What about oral sex, and how do you prove that?’
Mr Sexton claimed that receipts such as hotel bookings do not hold up in court – because all it proves is that two people were in a room together, not that they had sexual intercourse.
On the other hand, a sunset clause could stipulate that the prenuptial agreement expires after the couple has been married for fifteen years.
“It creates a very uncomfortable thought experiment that people have to have before the contract expires,” the lawyer said.
“You have to ask yourself, ‘Am I so happy in this relationship that I’m willing to throw all my premarital assets into the pot right now?’ If not, I have six months to get a divorce.”
He continued, “When you get married, start a $100 million business, and under your prenup, it’s your own property. But there is an expiration clause that says your prenup expires in 15 years. When you’re fourteen and six months old, you’re going to have to ask yourself some serious questions about where the relationship will be in ten years.”
Many still disagreed with Mr. Sexton’s advice.
“You might as well not get a prenuptial agreement if you don’t include a marriage clause,” one woman said.
‘It is a red flag if the partner does not want a fidelity clause!’ another wrote.
“A lawyer once told me that a clause is only as bad as the details you put in it,” one man said.
But others thanked him for his knowledge.
“A prenuptial agreement is not just for infidelity, but also includes separate premarital assets, financial agreements, support if someone decides to become a stay-at-home parent, and much more,” one said.