Our Los Angeles Family Law Firm offers Free Consultations for Prenups in California. Call us to schedule a consultation!
The short answer is No there cannot be a cheating clause in a California prenup. California is a “no fault” state and a prenup, by law, cannot turn a “no fault” divorce state into a fault state.
What is a “no fault” divorce state?
What is a No-Fault Divorce State for purposes of a California Prenup?
A no-fault divorce state is a jurisdiction where one or both spouses can file for divorce without needing to prove that the other spouse did something wrong to cause the breakdown of the marriage. Instead of having to provide evidence of misconduct, such as adultery or abandonment, a spouse can simply claim that the marriage has irretrievably broken down due to irreconcilable differences. This approach simplifies the divorce process and often leads to quicker resolutions.
Key Features of No Fault Divorce States and why its important for a California Prenup:
- Grounds for Divorce: In no-fault divorce states, the primary ground for divorce is typically “irreconcilable differences” or “irretrievable breakdown.” This means that the couple has experienced a significant level of discord that makes it impossible for them to continue their marriage.
- No Need for Proof of Wrongdoing: Unlike fault-based divorce states, where one spouse must demonstrate that the other engaged in specific wrongful acts, no-fault divorces do not require this proof. This reduces emotional strain and legal costs associated with gathering evidence against a spouse.
- Contested vs. Uncontested Divorces: While no-fault divorces can be uncontested (where both parties agree on all terms), they can also be contested if there are disagreements over issues like property division, child custody, or support payments.
- State Variations: All U.S. states allow some form of no-fault divorce; however, some states also recognize fault-based grounds for divorce. The specific requirements and processes may vary from state to state.
- Impact on Divorce Proceedings: The introduction of no-fault divorce laws has generally led to less acrimonious proceedings since couples do not have to assign blame during the process. This can facilitate better co-parenting arrangements and reduce conflict during negotiations regarding financial matters.
To have clauses in a prenup that provide recourse for wrongdoing has been found to be invalid in the State of California as it turns a “no fault” divorce state into a fault state.
California Case that held Cheating Clauses in California Prenups are Invalid
In California, the enforceability of cheating clauses in prenuptial agreements has been significantly impacted by the state’s no-fault divorce laws. The landmark case that illustrates this is Diosdado v. Diosdado, decided in 2002. In this case, the couple had included a cheating clause in their prenup that stipulated financial penalties for infidelity, specifically requiring the cheating spouse to pay $50,000 in damages.
However, when the case reached the Court of Appeals, the court ruled against enforcing this clause. The court’s decision was based on California Family Code § 2335, which states that evidence of infidelity or other misconduct during marriage is generally inadmissible in divorce proceedings. This ruling established a precedent indicating that lifestyle clauses, such as those punishing infidelity, are contrary to California’s no-fault divorce policy.
The implications of this ruling are profound: it suggests that even if couples include an infidelity clause in their prenup, California courts may refuse to enforce it due to its inconsistency with state law regarding asset division and divorce grounds. Consequently, not only can such clauses be disregarded during divorce proceedings, but they can also lead to the entire prenuptial agreement being invalidated if deemed egregious.
In summary, the Diosdado v. Diosdado case serves as a key example demonstrating that cheating clauses in prenuptial agreements are invalid under California law due to the state’s no-fault divorce framework.
Top 3 Authoritative Sources Used in Answering this Question
1. California Family Code § 2335
This legal code outlines the inadmissibility of evidence related to infidelity or misconduct during marriage in most circumstances within divorce proceedings.
2. Diosdado v. Diosdado (2002)
A pivotal court case where the enforcement of an infidelity clause was challenged and ultimately ruled against due to its conflict with California’s no-fault divorce laws.
Does a California Prenup Need Counsel on Both Sides?