What is the Prenup Infidelity Clause? - Richard Roman Shum

From Law Office of Richard Roman Shum, Esq - What Is the Prenup Infidelity Clause? explores how an infidelity clause works within a prenuptial agreement and why couples in Manhattan and New York City sometimes consider including one when significant assets, property division, or business interests are involved. In this episode, Richard Roman Shum discusses the legal uncertainty surrounding adultery-based financial penalties under New York law and how the state’s no-fault divorce system affects whether these clauses carry weight in court.

Listeners will gain a practical understanding of how prenuptial agreements are structured under DRL § 236(B)(3) and what courts look for when determining enforceability. The conversation walks through the purpose of fidelity provisions, the types of financial penalties couples sometimes include, and how the definition of infidelity—from broad emotional relationships to specific physical acts—can shape how a clause functions in a real dispute.

The episode also examines how New York courts, including cases heard in the Matrimonial Part of the New York County Supreme Court at 60 Centre Street, approach these provisions. Richard Roman Shum explains how factors such as public policy, the evidentiary burden described by New York CourtHelp, proportional financial penalties, and the broader fairness of the agreement all influence whether an infidelity clause could survive judicial scrutiny under DRL § 170(7) and New York’s no-fault divorce framework.

Drawing from his work with clients across Manhattan, Lower East Side, and surrounding areas, Richard Roman Shum outlines how couples can approach sensitive conversations about fidelity before marriage while protecting their financial interests. Recorded from the perspective of a Manhattan family law attorney at 20 Clinton St., New York, NY 10002, this episode provides insight into family law, divorce, spousal support, and prenuptial planning in New York for couples considering whether an infidelity clause belongs in their agreement.

Law Office of Richard Roman Shum, Esq

20 Clinton St FRNT 5D, New York, NY 10002, United States

(646) 259-3416

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