Nuptial agreements and infidelity. Yesterday and today

Abstract

Spouses or future spouses sometimes provide for consequences arising from the lack of fidelity in their marriage by agreement. The present paper approaches its study from the time this type of documents is recorded, analysing the arguments for and against their validity, as well as the main problems that may arise, taking into account the different historical and legal contexts, from Greco-Roman Egypt to the present day, going through classical Rome and Byzantine times, with particular attention to current North American practice.