The Houston Family Law Blog

What Is a Fidelity Clause? Can You Include It in a Prenup in Texas?

There are many clauses that can be included in a prenuptial agreement. Similarly, there are many clauses that can't be included on a prenup.

A prenuptial agreement is an agreement between two soon-to-be spouses about the terms of their marriage. Prenups are, for the large part, financial contracts.

The point of a prenup is to lay out the terms and conditions in case the couple gets a divorce.

These typically cover financial terms and conditions, such as what property belongs to a spouse during the marriage and what will go to each spouse in the event of a divorce.

Of course, some things are not allowed in a prenup, such as issues regarding child custody. Similarly, many personal issues need to be left out of a prenup as well.

But what about a fidelity clause? Are those types of clauses acceptable in prenuptial agreements?

The term "fidelity clause" can mean many things. In a typical scenario, it's a clause in the prenuptial agreement that says one spouse is entitled to a certain amount if the other one cheats, Yahoo! explains. A fidelity clause can also say that one spouse is entitled to nothing if he or she cheats.

In fact, fidelity clauses are very common in celebrity prenups.

Texas pre-marital agreements.

In Texas, prenuptial agreements must be in writing and signed by both parties. The content of the prenup can relate to property owned by the spouses, life insurance, and alimony in the event of divorce.

Texas law, like many other states, prohibits a prenup from affecting child support payments.

Nothing in Texas law explicitly precludes a fidelity clause. However, if any clause is against public policy, the it's void under the prenup. For example, a clause allowing a spouse to have multiple spouses would violate the laws of bigamy and would be void.

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