'不忠'后期协议是否防止作弊？

如果您的配偶欺骗了您，并且您试图协调和重建信任，您将面临最困难的挑战之一，已婚夫妇可以体验。有时用于劝阻进一步不忠的一个策略是让不忠的配偶签署“不忠婚后协议”，同意一些指定的财务付款（或其他重要的价值）如果他们再次作弊，则会支付。这些协议，也称为“生活方式条款”，可以由家庭法律律师起草。

Reasons for Infidelity Post-Nuptial Agreements

Manhattan-based divorce lawyer杰奎琳纽曼explains the typical underlying reasons for post-nuptial agreements: they are “often done after there has been some element of infidelity in the marriage. The person who has strayed tries to assure his/her spouse that it will not happen again and to prove the sincerity of this promise, he commits to putting pen to paper to show how sorry he is.” She cautions against these agreements because, she sais, “If you over-commit in the document just to get thatsecond chance, you take the risk that your spouse will wait just until the ink is dry to call his/her divorce attorney now that they know they are going to get a good deal.”

Ms. Newman believes that sometimes postnups may be what is needed for the couple to move forward. “In a less skeptical tone, they can sometimes work because if a spouse does believe that their straying spouse was willing to in essence ‘pay’ for his/her sins, it shows that they are committed, and that may be all that is needed to get the couple back on track.” She notes, “Post-nuptial agreements are much less common than prenuptial agreements, but we definitely have our fair share of them in my office."

关于不忠协议的律师意见

“一笔威慑通常不足以阻止富人的骗子。”〜Andrew G. Vaughn，律师和教授

Andrew G. Vaughn, attorney, owner of NuVorce, and Professor of Domestic Relations Law at Loyola University Chicago School of Law says that these lifestyle clauses are most common with celebrity clients. Professor Vaughn states, “They don't work. Wealthy people have a lot of money. A money deterrent usually isn't enough to stop a wealthy would-be cheater.” He does not recommend them and notes that they are relatively uncommon. In fact, he asserts that it is rather complicated to draft highly enforceable contracts like these.

Brandy Austin德克萨斯州阿灵顿的一个家庭法的律师lieves postnups to deter infidelity “are actually relatively rare among lower-middle to lower upper-class people. They are more for celebrities, public figures…politicians.” But, in her experience as well, these agreements in any form are not very common. “If it is included as a deterrent, the likelihood of someone cheating agreeing to give all of their assets is poor.” Ms. Austin also believes that these agreements aren’t as effective with the wealthy. “If you are already in a position to make a payout, money doesn't hold the same value and will not likely deter infidelity.”

On the other hand,Randall M. Kessler，亚特兰大的家庭法律律师，作者和法学院教授经常在他的实践中看到这些协议，并认为他们变得更加普遍。“Not just when a spouse misbehaves, but also when a relative wants to give a spouse property but does not like the other spouse so it ‘keeps the gift in the family.'” He believes they do work, and they are “enforceable in every state except Ohio and what they do, is to cause people to negotiate their divorce. Why go to court and risk having a postnuptial agreement enforced against you if you can negotiate a little more than is required under the postnup?” He even has recommended them, for example, “When someone is mad at their spouse but does not want a divorce.” He cautions, however, “just like any family law case, think long and hard about it because once the subject is raised or lawyers get involved, feelings get hardened and it often spirals into a full-blown divorce.”

Jeffrey A. Landers, CDFA, the creator of the在经济上思考，不是情感上的brand of books and seminars designed to educate, empower and support women before, during and after divorce has written on this topic onForbes online. He explains, “Lifestyle clauses address non-financial aspects of the marriage, like who will do the housework, the frequency of vacations…” They are “generally seen as guidelines for behavior within the marriage, and although they aren’t focused on assets, per se, there are usually financial penalties for failure to comply with the terms.” He states that clauses involving infidelity are the most common and popular of such lifestyle clauses. According to Mr. Landers, they are not just for celebs anymore, either.

According to Pennsylvania family law attorney,Jeffrey Kash, this topic does not come up often in his practice, but these agreements are enforceable in his state. He does recommend clients “push for agreements that penalize infidelity and for other concessions in cases where a spouse has engaged in marital misconduct and wants to stay in the marriage.” He advises pursuing these concessions “while the other spouse is feeling guilty” which helps the betrayed partner before the blame game and fighting starts. “Don’t just limit these types of agreements to infidelity with members of the opposite sex.” he also suggests.

克什先生描述了几年前他处理的案件，在妻子遇到事件后，丈夫和妻子在一起。作为和解进程的条件，丈夫要求妻子签署“婚后协议，这将使她的婚姻产权限制在此活动中，即她随后被涉及另一个婚外事件。”你可以猜出接下来发生了什么。妻子再次欺骗，妻子豁免了她的婚姻财产权，被维持。

谈判不忠协议

The process of negotiating “lifestyle clauses” may open up the lines of communication between spouses and help the marriage in unforeseen ways. These clauses might encourage people in a committed relationship to discuss fidelity issues and expectations in advance. Feelings about monogamy and infidelity will be made clear. Such communication alone can be helpful, even if the clause is never enforced.

A Word From Verywell

Whether lifestyle clauses for infidelity are enforceable, or whether they are utilized by a couple or not, talking and thinking about them can be beneficial. If they are properly negotiated and can be upheld, they can certainly be structured to deter cheating and other bad acts. They can also be used where both parties want divorce proceedings to be kept confidential in the event of future bad behavior. All of the experts have made good points to consider whether or not this might be a good option for your marriage.