[WSBAPT] Prenuptial agreement "lifestyle" clause language

Jim Doran jim at doranlegal.com
Wed Apr 27 16:04:03 PDT 2022


My take is to do them anyway to scare the couple into behaving.

On Wed, Apr 27, 2022 at 5:55 PM Boaz Weintraub <bw at weintraub-law.com> wrote:

> There's no Wa. case law on point, but it's questionable whether lifestyle
> clauses would be deemed enforceable.  Regarding an infidelity clause, a Ca.
> case held infidelity clauses that provide for payment of damages
> unenforceable and in violation of public policy underlying their no-fault
> divorce laws. Diosdada v. Diosdada (2002)
> <https://law.justia.com/cases/california/court-of-appeal/4th/97/470.html>.
> I think a Wa. court would hold the same under RCW 26.09.080.
>
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> On Wed, Apr 27, 2022 at 2:21 PM <susan at pepetersonlaw.com> wrote:
>
>> Hello listmates, I have been asked for the first time to include some
>> “lifestyle” clauses in a prenuptial agreement.  Does anyone have any
>> language they would be willing to share regarding travel, infidelity,
>> and/or obligations to perform household duties and cooking, etc.?  Also,
>> does anyone have any experience with enforcing these clauses in
>> Washington?  I don’t practice family law and don’t anticipate being the
>> lucky lawyer who gets to try, but I’d like to know what to advise my client
>> about the chances they will be enforced.  Thanks for any thoughts.
>>
>>
>>
>> Susan E. Spuller
>>
>> Attorney at Law
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James R. Doran
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