Since last year, the news cycle has included stories of the Kelly Clarkson divorce cycle, for what seems like every week. For our divorce blog, a silver lining has been the media attention given to the couple’s prenuptial agreement that they entered prior to their marriage.
Background
For those that do not know the story, citing irreconcilable differences, Ms. Clarkson filed for divorce from Brandon Blackstock in June of 2020 after being married for about seven years. The couple shares a son and daughter. According to sources, the marriage grew more and more contentious in the year proceeding the divorce filing.
The most recent ruling
After upholding the couple’s prenup, the Los Angeles Superior Court judge found that three Montana ranches belonged to Ms. Clarkson. The family judge found this because the property was solely in Ms. Clarkson’s name, and the prenup mandated that this type of property remain in the titled person’s name and ownership, post-divorce.
Prenup?
A prenuptial agreement or prenup essentially, outlines how a divorce will proceed. It can dictate how assets are split, income shared and even plan out retirement asset splits. To be legally enforceable though, both spouses normally have to have it reviewed by an attorney, and ideally, the document itself will also be drafted by an attorney to make sure it is enforceable, should a divorce occur.
To prenup or not to prenup?
As Ms. Clarkson’s divorce saga shows, a prenup can be a great tool to make sure level heads prevail. Specifically, once a Mobile, Alabama, divorce filing occurs, it can be a dramatic time, when feelings are dramatic and, possibly, toxic. This can make compromising or avoiding litigation nearly impossible. However, with a prenup, the couple has already outlined how the divorce will happen, which can help protect both spouses and the marital assets. After all, the less litigation that is needed, the more money and assets that are left to be split and not paid to lawyers.
