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Most bizarre clauses couples have included in their prenups

If you’re following along with our prenup series you will know we have covered what you can include in your prenup, what you can’t include in your prenup and how you approach the conversation with your partner.

Today we’re going to look at some of the strangest clauses couples have written into their agreements – or at least tried to.

Examples of unusual clauses

Some couples aim to incorporate clauses into their agreement that address behavioural and social aspects. However, including these types of clauses can make your prenup less likely to be considered in court if you and your partner do get divorced.

Examples of the more unusual terms couples might request include:

Stipulations on how long their partner needs to work before they can retire.
If their partner is unfaithful, then they must pay the other partner a fine – you may have heard of this as an infidelity clause.
Restrictions on social media usage, either limiting how much time they can spend on it or even not allowing it at all.
Dictations on the frequency of family visits.
If the partner watches more than two football matches a week they need to pay a fine, alongside other time limits regarding TV watching.
Stipulations on weight maintenance or exercise routines, for instance for every 10 pounds the partner gains in the marriage they pay a fine.
Specifications on who is responsible for each household chore.
Outlines of the minimum times the couple should engage in intercourse each week.
In cases where the couple is fortunate to have cleaners, gardeners or babysitters, they may try to include clauses stipulating who gets to keep them should they divorce.
How long either party is expected to wait before dating somebody else if they separate.

Why these clauses could be problematic

Although adding lifestyle provisions to prenuptial agreements has become increasingly popular among couples, these clauses are rarely enforceable in court.

Judges have overriding discretion and may view lifestyle clauses as frivolous, potentially rendering the entire agreement void and unenforceable.

The primary purpose of a prenuptial agreement is to address the financial aspects of a relationship. Therefore, any lifestyle clauses or unusual terms should be included in a separate agreement not subject to court interference.

If you are looking to arrange a prenup agreement for you and your partner ahead of the big day, we would advise that you each seek individual legal advice to ensure that both of your needs are reflected in the agreement and so it stands the best chance of being considered in court potential divorce proceedings.

If you would like advice on drafting a prenup between you and your partner, please contact our expert team and we will be in touch.