Dallas Divorce Law Blog by Michelle O'Neil

Before the wedding, the couple may make a pre-marital agreement (commonly known as a “prenuptial agreement” or an “antenuptial agreement”) that spells out who owns specific property in the event of a death or divorce.

The spouses may also create a post-marital agreement any time during the course of the marriage, as long as the agreement was not created in an attempt to defraud current creditors. A post-marital agreement might also change the status of property acquired in the future.

Both pre- and post-marital agreements must be in writing and signed willingly by both spouses. It is difficult to change the terms of these agreements when enforced at the time of divorce.

Kanye West, Hip Hop superstar and Grammy winner, gives advice to people wanting to get married: “If you aint no punk holla We Want Prenup, WE WANT PRENUP! Yeaah! It’s something that you need to have…” (From “Gold Digger” off of the Late Registration album (Roc-A-Fella/Def Jam 2005)) In other words, he recommends that everyone should get a prenup before getting married.

Jessica Simpson didn’t listen to this advice when she married Nick Lachey without a prenup.

But, Britney Spears did heed the warning. Apparently Britney even staged a fake wedding because Federline hadn’t signed the prenup in time. Britney’s prenup gave K-Fed $250,000 for each year of the marriage, which is rumored to have been increased to $500,000 per year during settlement negotiations.

Some celebrity prenups go far beyond the standard identification of assets owned before the marriage and what each party leaves the marriage with, including clauses like:

* Limiting the wife’s weight to 120 pounds or she must relinquish $100,000 of her separate property.

* Allowing a spouse to perform random drug tests, with financial penalties for positive results.

* Requiring a husband to pay $10,000 each time he is rude to his wife’s parents.

Infidelity clauses are common, where a spouse gets paid if the other is unfaithful. Michael Douglas agreed to pay Catherine Zeta-Jones millions should he stray, and Denise Richards made similar requirements of Charlie Sheen.

Custody of pets is another common concern, especially since most divorce courts will treat the pets like an item of property.

However, prenups are important for almost everyone planning to get married, regardless of celebrity status. A prenup can be as simple as defining who has what at the time of the marriage. It can also address how property acquired during the marriage will be treated upon divorce, which spouse will be responsible for payment of the marital obligations, and how the property will be distributed upon death of one of the spouses.

For assistance with a prenup or marital property agreement, please contact The May Firm for an appointment. But, don’t wait until the last minute, as prenups require plenty of planning and discussion.