Why You Need a Prenuptial Agreement

The story of Mel Gibson and Robyn Moore:

mel gibson.jpeg

When Mel Gibson married Robyn Moore in 1980, he was just beginning his rise to fame with his role in Mad Max. The pair split after 26 years of marriage, and it took five years for the pair to finalize their divorce. Gibson’s assets were worth $900 million at the time of divorce, and they had not entered a prenuptial agreement.

In California, all community property must be split 50/50, resulting in Robyn Moore receiving $425 million from the divorce.

Infamous celebrity stories of famous actors and actresses having to give a huge payout to their less-fortunate spouse after a divorce is all too common in Hollywood, but I’m going to tell you why everyone, not just the rich and the famous, should get a prenup.

The stigma around prenups has been lessened dramatically throughout the generations. A big reason for this is that more people are learning what the purpose of a prenup actually is. Many people have a misconception that a prenuptial agreement is a contract two people make who have no faith in their marriage and want to keep all their money from the other.

On the contrary, one of the basic agreements of prenups is that they must be fair and equitable. Of course, protecting your own assets is a very important part of prenuptial agreements, but prenups will not hold up in court if one of the parties will not be adequately cared for in a fair way after the divorce. For example, if a couple has been married for 30 years, one spouse should not expect to walk away from the marriage with 99% of the assets from it.

So what’s the point of getting a prenup?

Prenuptial agreements are a great way to save you a lot of headaches and financial strain in the case you and your partner do end up getting a divorce. If you enter a marriage with $5 million in assets, you can ensure that all the money and property you acquired before the marriage will stay yours even after a divorce.

In order for a prenup agreement to hold up in court, each party must fully disclose their assets and liabilities. This is crucial as it allows each party to know for certain that one party isn’t hiding away $1 million from their partner, or that one of the partners hasn’t racked up an insane amount of debt that you had no idea about.

Each party needs their own attorney before proceeding with a prenuptial agreement, and the prenuptial agreement must be finalized well in advance of the actual marriage date.

Do you have any more questions about prenuptial agreements? Let me know below!

Source: https://www.forbes.com/sites/christinefletcher/2018/09/18/10-things-you-need-to-know-about-prenups/?sh=28802ffa62ba

The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.  Information on this website may not constitute the most up-to-date legal or other information.  This website contains links to other third-party websites.  Such links are only for the convenience of the reader, user or browser; the ABA and its members do not recommend or endorse the contents of the third-party sites.

Readers of this website should contact their attorney to obtain advice with respect to any particular legal matter.  No reader, user, or browser of this site should act or refrain from acting on the basis of information on this site without first seeking legal advice from counsel in the relevant jurisdiction.  Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation.  Use of, and access to, this website or any of the links or resources contained within the site do not create an attorney-client relationship between the reader, user, or browser and website authors, contributors, contributing law firms, or committee members and their respective employers. 

Previous
Previous

Infidelity… What Does it Mean for Your Divorce?

Next
Next

Book Recommendation: In the Company of Women