Marriage and Prenups

At a time when over 50% of marriages end in divorce, many people are turning to prenuptial agreements to make sure they will be protected if the marriage goes south. There is a lot of debate surrounding this practice, however, with some claiming that you would not need to draft a prenup if you truly loved and trusted your partner. Most of the time, prenups simply take care of how assets are divided, but could they also include more stringent rules that affect your life after divorce? The divorce between Tom Cruise and Katie Holmes came with such a “lifestyle clause.”

According to a recent article on MarketWatch, there was allegedly a clause in the divorce settlement between Tom Cruise and Katie Holmes that forbid her from dating another man for a certain period after the divorce. Some people speculate that this is why Katie and Jamie Foxx have only recently been spotted holding hands in public, even though many people have suspected the two to have been dating for about five years now. According to the American Bar Association Journal, the number of these “lifestyle clauses” are on the rise. According to a divorce lawyer in Atlanta, he has seen all kinds of things, such as “weight clauses” where a woman would not receive alimony if she gained a certain amount of weight after the wedding. In one case a wife limited the amount of football her husband could watch on Sunday, and in another, a husband limited the number of times his mother-in-law could visit. Some slightly more reasonable lifestyle clauses mandate that children be raised under a particular religion even if the couple gets divorced. Of course, all of these demands are nearly impossible to enforce, but in the event of a divorce, they could be used as leverage.

Instances like this make it easy to see why many people are not fond of the idea of a prenuptial agreement. Particularly when there are clauses that dictate how your partner should look, it comes off as incredibly shallow and demeaning to the other person. Of course, in the case of incredibly public figures like Tom Cruise, a lot of his net worth is based on his appearance, and he has to worry about all of the paparazzi running around that could potentially ruin his reputation with just one scathing article, whether it is true or not. Clauses about cheating in a relationship and how children should be raised are much more reasonable, especially if it is an issue for both parties.

Prenuptials can definitely be useful if you have a lot of assets you would like to protect, and many lawyers can help you draft one, like Kessler & Solomiany, LLC based in Atlanta. In many cases, prenups can save you thousands of dollars in attorney fees if your assets are divided up already. However, this does not mean that a prenup should be used to control every aspect of your partner’s life since these rules can rarely be enforced effectively.

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