A well-drafted prenuptial agreement can prevent many property disputes should a marriage end in divorce. For example, when it is fair to both parties, you can outline how your marital property is distributed to you and your spouse. In recent years, including one or more so-called “lifestyle clauses” in prenuptial agreements has become a popular concept.
These clauses typically attempt to define the personal or household responsibilities of each spouse. However, many family law judges view such clauses as frivolous or contrary to law. As such, courts usually decide that these provisions do not belong in a prenuptial agreement.
Examples of lifestyle clauses
Clauses addressing personal issues in a marriage can take many forms. Below are some examples to clarify what these clauses attempt to address:
- How often the couple will be intimate
- Agreeing to remain faithful to each other
- How much weight spouses may gain
- Agreeing to refrain from alcohol or drugs
- Social media posting guidelines
- The frequency of in-law visits
- Child-rearing guidelines
- The frequency of social activities and outings
As you can see, none of the clauses above fulfill the overall purpose of prenups, which is to address issues involving the couple’s property and finances.
While you can attempt to include lifestyle clauses in your prenup, do not be surprised if a family law court strikes the document down. Each state has laws and guidelines detailing the legality of prenuptial agreements. Before you spend a lot of time working on yours, consider learning more about prenuptial agreement laws in South Carolina.