Hello from the Other Side (of Divorce): The Importance of Prenup

Rumour has it that Adele plans to divorce from her husband, Simon Konecki.

However, the startling fact of it all, is the couple’s decision not to sign a pre-nuptial agreement. How bizarre!

Under Californian law, the songbird’s husband may be entitled to access as much as half of Adele’s earnings from the time of marriage. 

The couple may have to split everything down the middle if they file in California, the place where Konecki’s office is situated. 

Adele has already gifted her husband a property valued at over $600,000.

According to Forbes, the presence of a prenup is not always a given when it comes to wealthy marriages, with only 5% of married couples signing them, and only 15% of divorcees expressing regret over the absence of one. 

A prenup is a great safeguarding mechanism that can be used to protect family assets, ease transitions and hold individuals accountable. 

Source: https://www.forbes.com/sites/legalentertainment/2019/04/22/adeles-divorce-180-million-on-the-table/#35c7da7c7680

Terms a Prenuptial Agreement Cannot Include:

-a future spouse can’t waive the right to share an ERISA governed employee benefit plan because federal law states only a current spouse can do that

-to accomplish this, couples must complete necessary documents after marriage

-agreement cannot include anything illegal or against “public policy” eg. Ensuring children’s rights remain under court control who will serve the “best interest of the child”

-you cannot contract in a way that undermines your current/future children’s rights

-couples can agree to give a child more support eg. Agreeing on division of responsibility for child’s future college expenses or whether to provide other support for adult child

-any agreement attempting to penalise one spouse for “fault” during marriage will not be permitted

-public policy prohibits agreements altering the relationship duties of marriage

-any agreement that “promotes dissolution of marriage” is not allowed

Source: https://www.divorcenet.com/states/california/ca_art27

Divorce is a really complicated emotional and legal procedure. If you need help to secure the best possible outcome, in the event of divorce, call Vincent Miller on (213) 948-5702 for expert advice.

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