• 13 Sep 2024
• •
• 3 min read

Jennifer Lopez and Ben Affleck’s divorce- A family lawyer’s view

Jennifer Lopez and Ben Affleck are two of Hollywood’s most recognisable figures. It has recently been reported that Jennifer has filed for a divorce from Ben, after being married for two years.  Reportedly, there is no mention of a pre-nuptial agreement in the court paperwork.

It has been said that Jennifer’s net worth is approximately $400 million, while Ben’s is only approximately $150 million, far less than Jennifer. This article will provide a short consideration of what Jennifer could have done to minimise Ben’s potential claims over her wealth.

The Role of Pre-nuptial Agreements

Pre-nuptial agreements commonly known as prenups, are legal contracts entered into by a couple before marriage, outlining the division of assets and spousal support (if required) in the event of a divorce. For individuals with substantial assets, businesses, or complex financial portfolios, prenups offer a layer of protection and clarity. They can also be used to ringfence inheritance or other ‘non-matrimonial’ assets.

Due to the reported disparity between Jennifer and Ben’s wealth, any lawyer acting for Jennifer would have advised her to enter into a pre-nuptial agreement with Ben, before they married. This would have set out the financial boundaries if the couple were to ever divorce.

In England and Wales, the court will give significant weight to a pre-nuptial agreement providing that both parties had freely entered into the agreement having each received independent legal advice, and there was full financial disclosure before signing.

The enforceability of a pre-nuptial agreement varies between jurisdictions. It is understood that in Hollywood, pre-nuptial agreements are considered the norm and so their decision to not sign the agreement has sparked shock and concern for Jennifer amongst fans.

What are the implications of not having a Pre-Nuptial agreement

The absence of a pre-nuptial agreement may mean that assets such as properties, business interests, and intellectual property could be subject to division, potentially leading to difficult negotiations and litigation. This may result in drawn out, stressful and costly divorce proceedings which could have been resolved a lot quicker if there was a pre-nuptial agreement. This will likely all be in the public eye owing to their fame and success.

The Emotional and Psychological Factors

Pre-nuptial agreements do get a lot of bad press. Couples tend to opt out of a pre-nuptial agreement to demonstrate trust and commitment to their partner, viewing the contract as an indication of doubt. It is however sensible to safeguard your future and your finances so that you are both walking down the aisle knowing and understanding the implications of marriage.

Lessons to learn

If you are thinking of getting married, it may be worth speaking to a family lawyer to obtain advice as to whether a pre-nuptial agreement is recommended in your situation. Pre-nuptial agreements are not just for the wealthy and could be entered into to simply protect a pension or a business asset. They can be tailor made for you and one size certainly, does not fit all.

A pre-nuptial agreement should be entered into no later than 1month before the wedding, so it is recommended to speak to a family lawyer in good time.

 It is recommended that pre-nuptial agreements are reviewed periodically throughout the marriage and prior to and following big life decisions, for example, having children as this will likely impact on the fairness of the terms in the agreements.

If you are planning a wedding and you want to ensure that your assets are protected, understanding the importance of prenuptial agreements is crucial. Get in touch with our experts today to discuss how we can help you navigate these important decisions with confidence.