Marriage Contracts

[Ariadens]

Do Marriage Contracts supercede Florida law? Specifics: Would a marriage contract with an "adultery clause" that would award monetary compensation if adultery is committed and can be proven (texts, emails, video surveillance, photographs) be upheld in Broward County courts? My spouse is willing to waive their right to contest the contract in its entirety (with this clause in addition to other matters mutually agreed to)

Additional Info:

No child custody issues are or will be involved.

Thank you for your time and assistance.

[Attorney Howard Iken]

I believe so. But this is something that would require case law research. Perhaps a few of our other attorneys will respond to this one.

But I do not see a prohibition on this one. The only thing that can possibly trip this one up is the general policy in contract law against pure penalty clauses that deprive someone of their entire end of the bargain.

Attorney Howard Iken

The Divorce Center
7635 Ashley Park Drive Suite 503K
Orlando, FL 32835

Orlando Divorce Attorney