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Would a Sex Contract in a Prenuptial Agreement be Enforceable?

By January 20, 2012

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In an interesting article on Findlaw called Should Your Prenup Include a Sex Contract, Stephanie Rabiner discusses a question from a woman over her boyfriend's refusal to marry her unless they sign a prenup in which she agrees to have sex with him twice a week. As Rabiner accurately points out, prenuptial agreements are designed for dealing with financial matters, but seem to be expanding to address a wider range of marital issues these days.

Rabiner says that a provision requiring a minimum amount of sex per week would be legally unenforceable. But it made me wonder how often this question comes up in daily law practice. Has a client ever asked you to put a minimum sex requirement in a prenup? Have you ever been asked to include some other unusual or interesting provision in a prenup that may not be legally enforceable? Would you ever draft a prenup that required a woman to engage in a specific number of sex acts with her husband per week? Share your thoughts in the Comments section below.

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