Personally, I do not agree that these agreements can or should be used, as referred to in this article, as some form of punishment for straying spouses.
They can be used for that purpose but in my view, if they are, the marriage rarely lasts and spouses rarely enter into them for that reason.
We do see more of these agreements in cases we deal with where someone inherits a sum of money they want to protect for some reason, for example, for the future benefit of children. Or maybe the operation of a family trust has changed and needs to be recorded in some way so that the trust isn't attacked on any divorce.
These agreements are really useful tools and can be put to good use in the right circumstances.
In a 2015 survey by the American Academy of Matrimonial Lawyers, half of divorce lawyers cited an increase in spouses seeking post-nuptial agreements during the past three years. The trend has now arrived on our shores, largely taken up by wealthy couples struggling to keep their marriages together.