According to various media sources, American singer, songwriter, and actress Miley Cyrus is preparing to divorce her husband, Australian actor Liam Hemsworth. Some of the reports suggest that the divorce will be the ‘smoothest of all time’, and could be completed by the end of October, thanks to a prenuptial agreement that the couple entered into before they were married last December. Apparently, the document says that the couple, who do not have any children, will simply retain their own property, and make no financial claims against each other.
So, can a prenup make a divorce quicker and smoother? It is certainly possible, but there are a couple of caveats.
Prenuptial agreements are not legally binding in this country, but the divorce court will usually give effect to them where they are freely entered into by each party with a full appreciation of the implications of the agreement, unless it would not be fair in the circumstances to hold the parties to the agreement, for example because it failed to meet the needs of one of the parties, or of any children. This means that even if the terms of the prenup are fair when it is entered into, it may no longer be fair when the marriage breaks down, due to the circumstances of the parties having changed.
Obviously, if the prenup is given effect by the court then that can indeed make the divorce quicker and smoother, by doing away with the need to have a time-consuming argument over financial and other arrangements following the divorce.
If you are considering entering into a prenup, or if you would like further advice on the subject, Family Law Cafe can help. To book a free initial consultation with us click the green button at the top of this page and fill in the form, or call us on 020 3904 0506.
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