Click here to check out our On Demand Video about Estate Planning.
Don’t Be Like Johnny Depp, Get a Prenup
Depp, 52, and his wife of just 15 months, Amber Heard, 30, are heading for splitsville. Heard filed a divorce petition earlier this week, citing irreconcilable differences, and requested spousal support. Depp’s response, according to The Associated Press, asked the judge to deny Heard’s support request — and asked that Heard pay her own attorney’s fees.
Generally speaking, she said, prenups are an important consideration for:
- older couples;
- those who come into the marriage with assets (as he did with a reported $400 million);
- people who have children from prior relationships (as he does);
- people who expect future celebrity and significant income (as he could, despite dismal reviews of “Alice Through the Looking Glass”).
Without one, the process of getting unhitched can lead to protracted and expensive legal battles, or result in a less-fair division of assets.
Many jurisdictions prevent spouses from being disinherited, she said, so a court could easily void provisions in a will that leaves everything to your kids from a prior marriage. But a prenup could be worded to require your new spouse to waive their right to dissent or take an elective share in your estate.
“This way, the two people can write their own deal at the beginning of the relationship, at a time when they are in love and looking out for each other,” said Dubin, who is also the author of “Prenups for Lovers: A Romantic Guide to Prenuptial Agreements.”
Already married? Postnups are generally harder to come by. “Sometimes, one party may be advised that they are better off without one,” said Davis. “The law already favors them.”
Read more related articles at:
A Tale of Two Celebrity Marriages and One Prenuptial Agreement
We Don’t Need No Stinkin’ Prenup: Lessons for Johnny Depp
Click here for a short informative video from our own Attorney Bill O’Leary.