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Family law: A new kind of postnuptial agreement becoming popular

It's hard to believe that anyone would get married believing their soon-to-be spouse might be unfaithful. But some people are seeking extra insurance if their spouse has cheated on them once, and they want some extra insurance that it won't happen again.  Through family law in Maryland, some people who have been cheated on are getting their unfaithful spouses to sign infidelity postnuptial agreements which are supposed to be deterrents to cheating in a marriage.

These agreements usually stipulate that if a spouse ever cheats again, he or she will pay a financial sum to the spouse who was cheated on. Apparently, the agreement is a way the cheating spouse can reassure his or her partner that the infidelity will never happen again. Whether they work all depends upon the people involved.

Is once a cheater, always a cheater? Money may not make a difference to the serial unfaithful. Those who are financially stable may not be deterred about having to shell out money in the case of a marital indiscretion. A postnuptial agreement can also be used in other instances such as when one spouse is given a gift by a family member who wants that gift protected should the marriage end.

Postnuptial agreements are relatively new in family law, but are becoming more commonplace. They are often used as an added incentive for spouses to maintain good behavior in a marriage. A Maryland attorney may be able to help his or her client fashion a postnuptial agreement based on the client's own, unique circumstances.  

Source:, "Infidelity Postnuptial Agreements to Prevent Cheating", Marni Feuerman, Accessed on May 11, 2018

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