Prenuptial agreements are commonly used in high-asset/net worth or subsequent marriages, as many couples aim to protect their family business interest, anticipated inheritance and other substantial assets. Prenuptial agreements clarify financial responsibilities before marriage and determine the division or preservation of certain assets and debts upon dissolution, death or other situations. Although prenuptial agreements can cover different topics, the focus generally remains on safeguarding specific financial interests. However, opportunities to integrate certain other clauses within these agreements can get overlooked, even though these lesser-known provisions can help preserve peace and clarity in a marriage.
One kind of clause that frequently escapes attention is a “lifestyle clause,” sometimes called a “behavior clause.” Lifestyle clauses can cover various topics, including expectations for household responsibilities, pet ownership and lifestyle choices. Despite their potential impact, these clauses can be disregarded because couples feel they do not need to formalize such personal terms or because they are unaware of their benefits.
The role of lifestyle clauses in prenuptial agreements
A lifestyle clause might address issues beyond financial obligations and include expectations for behavior within the marriage. For example, couples may include terms on how household expenses will be divided, expectations for communication and conflict resolution and standards of conduct regarding fidelity.
These clauses can help to establish a respectful and harmonious relationship, helping to ensure both partners have a mutual understanding of what matters most to them in their daily lives.
One of the reasons this clause type is often overlooked is that it may feel uncomfortable or overly prescriptive. However, addressing these topics upfront can have benefits. Lifestyle clauses help prevent disagreements arising from unspoken assumptions or miscommunication by detailing shared values and expectations.
While some might worry that such provisions are unenforceable, even non-legally binding lifestyle clauses can provide a moral or emotional reminder of the promises made at the start of the marriage, often leading to a more resilient partnership.
Having a clear prenuptial agreement beyond asset protection can be valuable for couples wishing to avoid conflicts. Legal guidance can help couples determine which lifestyle clauses may add value to their prenuptial agreement, customizing them to reflect the couple’s shared goals and interests.
While the focus of pre-nuptial (also known as ante-nuptial agreements) is financial aspects, lifestyle clauses deserve attention. These clauses can serve as a roadmap and a safeguard, helping couples maintain open communication and alignment throughout their marriage.