Top divorce lawyer reveals the most disturbing clause he ever saw in a prenup: 'Run as fast as you can'

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By Kim Novak

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A top divorce lawyer has revealed the most concerning clause he ever saw within a prenuptial agreement.

Getting married is one of the biggest commitments two people can make to one another, and you'd usually hope it was done out of love for one another.

But for some, a prenuptial agreement precedes putting a ring on it, and often that's to protect their own fortune should things go west in their marriage, ensuring their partner doesn't walk away with half of everything.

However, occasionally prenups can contain other stipulations - such as this "disturbing" case seen by James Sexton, a New York-based family lawyer with over 20 years of experience finalizing thousands of divorces.

GettyImages-1600279142 (1).jpgThe couple's shocking prenup even left the seasoned lawyer stunned. Credit: bymuratdeniz/Getty Images

Speaking on Steven Bartlett's Diary of a CEO podcase, Sexton revealed the most "shocking" but enforceable clause he'd ever seen.

He explained: "The most shocking prenup I’ve ever seen had a provision that said, that for every 10lbs the wife gained in the marriage, she would lose $10,000 in alimony.

"The husband was very concerned that she was going to become less attractive and he was going to become more wealthy.

"So his solution to this was in the prenuptial agreement he wanted a clause that said if they divorced, she was going to get like $70,000 a month for alimony, but for every 10 pounds she gained from the date of marriage, she would forfeit $10,000 a month worth of alimony."

He added that the reason for the clause was to create an "incentive" for the wife to remain thin.

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A prenup outlines a couple's settlement arrangements in the event that they do get divorced later down the line, and despite deeming the clause "outrageous", he confirmed that it was upheld in court.

Sexton, whose clients have included billionaires and celebrities, added: "This was enforceable, meaning they tried to challenge and set aside that provision, and the court said ‘this is a disgusting provision, I don’t know why you married this person, but it’s enforceable. It’s a contract, the two of you signed it.'"

People in the comments were similarly horrified by the contract - and the fact the pair of them willingly signed it - writing: "That's not love, that's control."

Others added: "She should have run!" and: "Run, get away as fast as you can."

One commented: "This really just makes me sad, for both of them honestly. They are missing out on a loving and vulnerable relationship. I can only imagine that the rest of their relationships in life are based on similar external superficial factors."

Others joked: "70k a month to stay in shape is a hell of an incentive. Where do I sign up," and: "I’d happily stay in shape for that."

One asked: "If she lost weight would she get more money? Hahaha in that case I'd lost everything possible and divorce immediately."

GettyImages-1254659577.jpgPutting on any weight after getting married would cost the wife dearly in the event of divorce. Credit: bymuratdeniz/Getty Images

Sexton added that he often sees "ridiculous rules" come up in prenups, but as a lawyer it is not his place to judge what people choose to place importance on in their marriage.

He added: "You can’t argue with the fact that there’s something very honest and upfront about it.

"He was making very clear and putting in writing, here’s the value you bring to the relationship. I consider your physical appearance vitally important.

"But let’s not forget the other side of the equation. She was going to get $ 70,000 a month, that’s a very impressive number, so I think she also understood there was a value to be attached to him as well."

Featured image credit: bymuratdeniz/Getty Images