For readers of our blog, they are likely knowledgeable about the divorce between Kelly Clarkson and Brandon Blackstock. It has been ongoing for some time now, and there seems to be updates on a near weekly or bi-weekly basis. Most recently, on October 1, the Los Angeles Superior Court judge yet again upheld the terms of their prenuptial agreement, which has shown us all how important these documents can be in a divorce.
Pre-nups and post-nups
A prenuptial agreement is an agreement that the soon-to-be married couple enters that dictates how their lives will be separated, should a divorce ever occur. This includes property division, like what property and income is split or kept by each spouse. A post-nuptial agreement does the same thing, except it is entered while the couple is married. And, while these agreements can seem unromantic, they are smart legal documents that can protect each spouse, should the worse happen. After all, a couple is much more likely to work together and compromise while they are still in love, then when a split actually occurs. At that point, who knows have fractured the relationship will have become, like the Clarkson divorce.
The Clarkson-Blackstock prenup holds up, yet again
The recent Los Angeles Superior Court judge found that the couple’s Montana ranch (and two other Montana properties) is Ms. Clarkson’s, not marital property. These properties are not titled in both parties names and there is no joint tenancy that would make the property marital property. This is because the prenuptial agreement mandated how properties, assets and income would be treated in a divorce. Had the prenup not been in place, it is likely that Mr. Blackstock would have received some ownership interest in these properties.
Ongoing news of the prenup controlling
For our Lawrenceville, Georgia, this is yet another story about how effective a prenup can be in controlling a divorce. In the Clarkson-Blackstock divorce, Mr. Blackstock argued against the prenup and has argued that he is entitled to half of everything. And, with an estate as big as Ms. Clarkson’s that is a huge award. However, which each ruling, the family court judge has upheld the prenup, limiting Mr. Blackstock’s share of their joint estate. This includes millions in income and these Montana properties, among many other marital disputes. We should all take this as a lesson to get a prenup or post-nup.