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.

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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.

Related Resources:

• Pros
  and Cons: Premarital Agreements (FindLaw)
• Top
  10 Reasons a Premarital Agreement May be Invalid (FindLaw)
• 3
  Celebrity Divorces to Remember From 2012 (FindLaw’s Houston Family Law
  Blog)
• Find a
  Houston Divorce Lawyer (FindLaw)