Feb 13 • 16:22 UTC 🇮🇸 Iceland Visir

It is unlikely that a contract about sexual relations would hold

A legal expert discusses the challenges of enforcing agreements regarding sexual relations after a couple's separation, highlighting a recent case that raised questions about the validity of such provisions.

In a recent article, an Icelandic legal expert, Hrefna Friðriksdóttir, a professor in family and inheritance law, argues that it is improbable that contract clauses concerning sexual relations would be enforceable in court. The discussion was prompted by an unusual stipulation in a separation agreement, where a man was required to attempt to fertilize the woman's eggs regularly for one year following their separation. This raised significant legal implications regarding the enforceability of such personal agreements.

The case gained attention when the woman contested the validity of the overall contract, particularly the clause regarding fertilization, which had been crossed out without her knowledge. The judge ruled that there was insufficient evidence to support the woman's claim, leading to a decision that she must pay the man 12.6 million Icelandic krónur based on other provisions in the contract. This outcome highlights ongoing debates around personal agreements in family law, particularly regarding what can and cannot be contractually stipulated.

Hrefna's insights delve deeper into the broader implications of this case for couples navigating separation and highlight the complexity of contractual agreements related to intimate relationships. Such discussions are especially relevant in societal contexts where family law is evolving to accommodate new understandings of relationships and personal commitments, raising questions about individual autonomy and the limits of legal regulation in personal matters.

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