Marriage Infidelity Contract Template for United States

A Marriage Infidelity Contract is a post-nuptial agreement under United States law that establishes specific terms and consequences regarding extramarital relationships. This document defines what constitutes infidelity, outlines financial and other penalties for breach, and establishes verification procedures. While enforceability varies by state, these agreements serve as both a deterrent and a framework for handling infidelity-related disputes within marriage. The document must comply with state-specific family law requirements and consider public policy limitations.

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What is a Marriage Infidelity Contract?

The Marriage Infidelity Contract addresses the growing need for clear parameters and consequences regarding extramarital relationships within marriages. This document, governed by US state and federal laws, provides married couples with a structured framework to define boundaries and establish agreed-upon penalties for infidelity. While traditionally uncommon, these agreements have gained relevance as couples seek to protect their interests and establish clear expectations within their marriage. The contract typically includes definitions of infidelity, financial consequences, verification methods, and dispute resolution procedures, though enforceability may vary by jurisdiction.

What sections should be included in a Marriage Infidelity Contract?

1. Parties: Identification and details of both spouses entering into the agreement

2. Background: Context of the marriage and reasons for entering into the infidelity agreement

3. Definitions: Clear definitions of terms including 'infidelity,' 'breach,' and other key concepts

4. Scope of Agreement: Specific behaviors considered as infidelity and covered by the agreement

5. Consequences of Breach: Financial and other penalties for violating the agreement

6. Term and Termination: Duration of the agreement and conditions for termination

What sections are optional to include in a Marriage Infidelity Contract?

1. Verification Methods: Procedures for confirming infidelity, used when parties want specific evidence requirements

2. Counseling Requirements: Mandatory counseling provisions, included when parties want to attempt reconciliation

3. Confidentiality: Privacy provisions, used when parties want to maintain discretion

4. Alternative Dispute Resolution: Mediation or arbitration procedures, included to avoid court proceedings

What schedules should be included in a Marriage Infidelity Contract?

1. Schedule A: Financial Penalties: Detailed breakdown of financial consequences for breach

2. Schedule B: Asset List: Current inventory of marital assets affected by the agreement

3. Appendix 1: Legal Counsel Certificates: Confirmation that both parties received independent legal advice

4. Appendix 2: Financial Disclosures: Current financial statements of both parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

United States

Publisher

Genie AI

Cost

Free to use

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