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Should Your Prenup Include a Sex Contract?

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By Stephanie Rabiner, Esq. on January 20, 2012 5:03 AM

Would you ever sign a sex contract?

A British woman pondering this question recently wrote to the Daily Mail for advice. Her boyfriend refuses to marry her unless she agrees to have sex with him at least twice a week. It seems he'd like to put the agreement in writing.

She wants to know whether it's a good idea for a prenup to include sex. But what she should be asking is whether a prenup can include sex -- legally?

Prenuptial agreements are supposed to dictate the state of financial affairs should a couple divorce. But they've recently expanded to include chore agreements and clauses involving the nasty in-laws.

Some couples also include sex.

Doing so is not illegal unto itself. However, it's unlikely that such a provision will be enforced -- even if both parties are consenting adults. Most courts would still refuse to enforce the clause on public policy grounds.

This is because a prenup that includes sex is in fact a sex contract. You generally can't contract for sex, whether it is for money or a requirement of marriage. A sex contract deprives an individual of autonomy and the legal right to control his or her body at that very moment.

If enforceable, a sex contract would punish a person for saying no.

This doesn't mean you can't get divorced when your sex life wanes. You can, but you probably won't be able to hold your spouse to the terms of a sex contract. So instead of thinking about a prenup that includes sex, you might just want to think about ways to keep your marriage passionate.

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