Mandatory Sex and Breakfast-in-Bed: Crazy Clauses in Prenuptial Agreements

Prenuptial agreements – they're the fodder of gossip columns in which sometimes shocking revelations about money and other details of the marriage are laid bare when the couple splits up.

It's not unusual for prenups to have clauses about the separation of estates, or an infidelity clause where a lump sum of money is paid should someone stray. What is unusual are the very specific clauses that now go into these contracts, governing things like weight limitations, sex schedules and even television bans.

Attorney Ann Carrozza says that these new clauses are the natural progression from the baseline of a prenuptial agreement. She says, "Some of it is a shift due to longer life expectancies and second marriages," explaining that with second marriages, prenuptial agreements can be used to set aside assets for children from first marriages.

Carrozza also said that while prenups are viewed negatively, they can also be seen as a way to start a conversation and plan a future. "It's an opportunity to engage in a conversation when going in," she says, explaining that the unusual clauses can help create expectations of behaviour. A prenup can also protect both parties.

She says, "There's a misconception that the partner with fewer assets wouldn't want the prenup." A prenuptial agreement could protect a woman who might have stayed home with the kids or a spouse who supported their partner during school. Whatever the reason for a prenuptial agreement, Carrozza does advise two important things – each party must have their own attorney and that while the clauses can be put in a prenuptial agreement, a lot of them are not enforceable in a court of law.

While prenuptial agreements are supposed to help a couple set down mutual goals and expectations, Carrozza has had clients where it ended up clouding the issue. She says, "I have a client whose prenuptial agreement said that a wedding date will be set when his fiancée lost weight. Technically she was overweight but she took it to mean that she was to stay the same weight and not gain any more. They aren't married yet."

SLIDESHOW: PRENUPS WITH CRAZY CLAUSES