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What are lifestyle clauses?

A divorce tactic that is getting more and more attention in Hudson, New Jersey, is the prenuptial agreement. This facet of family law typically allows spouses to determine who gets what of the property and debt if divorce should occur. But some people are incorporating lifestyle clauses that dictate specific occurrences and how they will be dealt with, sometimes in a financial figure.

Lawyers are often implemented during the drafting of a prenuptial agreement. This is to make sure the document is both equal and valid so it will be deemed so in the court of law. Even when lifestyle clauses are drafted outside of a prenup, some couples choose to retain an attorney for the matter. Some are lauding the practicality of such clauses, indicating there can be a certain happiness achieved when life is predictable. Others believe it is taking away from the spontaneity of relationships.

Some experts worry too many lifestyle clauses may negatively affect the validity of a prenup, potentially rendering it null in court. It is unclear where the cut-off point is, but it could include a number of ridiculous requests made by spouses. Some have dictated that if a spouse weighs more than 170 pounds, the other will receive $100,000. Others have asked for random drug tests and custody of a dead horse. While the latter could be addressed in a prenup clause, the former cannot.

In addition to the worry that an excess of lifestyle clauses can be detrimental to a prenup, there is the possibility they are not legally enforceable. For instance, a request that no piano be played while the husband is home is unlikely to make its way through the court system. The same probably goes for the request that the wife cannot wear anything green. Some couples establish a monetary amount that will be paid if a spouse is discovered being unfaithful—these are a little more likely to be enforced.


Source:  dailymail.co.uk, "'You get sex twice a week, I agree to stay under 120lbs': How more couples than ever are signing relationship agreements" Catherine Townsend, Apr. 30, 2013

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