One of the problems when writing an infidelity clause in your marriage pact is how you define „fraud.“ The infidelity clause only penalizes fraud or adultery that violates the specific conditions it has established. If the clause simply says that „adultery“ would trigger the penalties of the infidelity clause, it could have a very broad and confusing definition. As Illinois lawyer demarcial Debra DiMaggio points out, it can be difficult to prove infidelity. Coercion or coercion can be extremely difficult to prove and, as with many aspects of divorce legislation, different states have different standards for what it means to be included in an agreement. Nevertheless, it is not scandalous that a prenup should be thrown on this basis. Similarly, if you can prove that you do not have the mental capacity to understand prenup, if you signed it – for example, if you were sick or if you were under the influence of drugs – that may be a good reason to invalidate it. A common lifestyle clause that customers inquire about is an infidelity or non-cheating clause. Infidelity clauses have made headlines in recent years, with celebrities often including them in high-level prenupes. For example, rumors circulated about what Tiger Woods and his (now ex) wife Elin Nordegren, after his fraud scandal, were planning to meet again, demanding that an infidelity clause be inserted into their prenup with a $350 million fine for Woods, should he ever cheat again. The three most common reasons for cancelling a prenupe are unacceptable, non-disclosure or coercion and coercion. For a prenup to be valid, both spouses must enter into the contract on a voluntary basis.
If one of the parties is physically forced or unjustly forced to sign, the Prenup should not be valid. In addition, both spouses must be in their good spirits; Singing while drunk or high should invalidate the chord. Spouses must also be honest and disclose all the assets, debts and finances they own, in order for the agreement to be valid – an agreement based on lies or deception is invalid. Finally, each party should work with a lawyer to validate the Prenup.