While this is no longer the case, lifestyle clauses will generally not stand up in court. If my clients are considering an infidelity clause, one thing we often talk about is whether this clause could actually deter her spouse`s fraud (although this is most often a problem for a woman trying to prevent her husband from cheating). In some situations, couples will require that their agreements contain lifestyle clauses. Katherine Woodward Thomas, the psychotherapist who actually coined the term, explained that conscious decoupling is a process of dissolving a relationship in a way that reduces the damage to families. A 2011 Ontario Superior Court decision indicates how Canadian courts are likely to respond to an infidelity clause in a pre-nup. In this case, the Tribunal rejected the argument that a case during the negotiation of a marriage contract (negotiated after the parties were already married) would void the agreement. The court explained that while infidelity clauses may seem enticing, they are unlikely to be imposed in Canada. Divorce in Canada is ”not a fault,” which means that the behaviour of the spouses is irrelevant to the divorce process and has no influence on the amount of spouse assistance or how property is distributed. Canada`s divorce system is not intended to ”punish” spouses for misconduct. The recent iteration of divorce law (which governs all divorces in Canada) has completely eliminated all debt-based grounds for divorce, meaning that ”marriage breakdown” is now the only ground for divorce. Adultery remains a way to justify adultery, while it can be difficult to do so, and the most common way to do so is through a one-year separation.
Some states have limits, which couples of marital and separated property may include and omit. Take 5 minutes to assess your risks with this free test. The nature of these lifestyle clauses focuses on behavior, and they can range from garbage removal to the frequency of the couple vacationing together and range from some weight to infidelity. . . .