Putting Exceptions in a Prenuptial Agreement Can Be Dangerous

If you are currently creating a prenuptial agreement, don't put too many exceptions into the document. Many people will list out how they will divide property, or how they will handle spousal support and alimony, but then put clauses at the end of the page. These clauses may be one of the following:

  • Unless either spouse has an affair
  • Unless either spouse is abusive
  • Unless either spouse is emotionally unfaithful
  • Unless either spouse is a bad parent

Some of these clauses may cause difficulty and be hard to interpret in court. Just recently, a famous NBA star, Raymond Felton, asked a Manhattan judge to enforce his prenuptial agreement despite the fact that there is a clause that the terms of the agreement are void if one spouse has an affair. Now, Felton's wife claims that he has had affairs with multiple women during their marriage. Felton denies these allegations, and would like the judge to divide their property as determined in the prenuptial agreement.

Broad statements are often open to wild interpretations, and sometimes a spouse may have a hunch that their partner has been unfaithful without any solid evidence to back up this fact. If you are considering drafting a prenuptial agreement, you should get legal assistance. With a lawyer there to walk you through the process, you can make sure your agreement doesn't include clauses and caveats that prove to do more harm than good in the future. Call a divorce attorney in San Fernando today to get started with your prenuptial agreement. At Cutter & Lax, we understand the value of a foolproof prenuptial document, and will do our best to help you achieve that goal. Call us immediately for assistance!