Prenuptial Agreements becoming more necessary with No-Fault Divorce

All you need is love, but the tabloids tell a different story on a weekly basis. It was reported this week that Sandra Bullock had a no-cheating clause in her prenuptial agreement with Jesse James. Even though California is a no-fault divorce state, she won’t have to worry about James getting any of her estimated $85 million net worth because she was smart enough to not only enter into a prenuptial agreement, but to have that extra sentence written into it.

No-fault divorce means that neither party needs to show that the other party had any wrong-doing that lead to the divorce. As of 1986, the Divorce Act was amended to allow for a divorce after the separation of one year without having to prove any fault by either spouse.

No-fault divorce also means that any financial settlements are based on the needs of the spouses and their ability to pay them. Whether they’re at fault (or cheated) just doesn’t factor in. No-fault divorce shows that having a prenuptial agreement is a smart decision, and more married couples are starting out with one. Prenups mean:

Less stress and more security

Arguments over money are the number one reason couples split up. The lack of worrying about whether or not you’re protected leads to a better feeling of security, lowered stress, less time spent arguing and more time spent enjoying each other.

Dealing with the debt before it spins out of control

No matter what anyone tries to tell you, a party is not responsible for their ex-spouse’s debt. However, both parties are responsible for debt incurred through joint credit of any kind. Having these responsibilities worked out through a prenup will save both parties many headaches and credit problems in the future.

Your hard work is worth it

Some sacrifice a career to stay home with the kids, while others work night and day so their spouse can go to school. These are non-financial contributions to a marriage that sometimes mean much more than money – if the marriage works. If not, compensation is due and this can be handled in a prenup.

Protecting loved ones from other relationships

Second marriages usually happen later in life, and both spouses may have children or relatives from a first marriage who are still in their lives. In the event one spouse passes away, their assets go to exactly who they want.

Keeping your own interests intact as a business owner or artist

If you own a business or create some kind of intellectual property (like a book or an album), in the event of a divorce it can be considered marital property and be split in half. If you’re serious about protecting your own interests, a prenup can prove invaluable.

Email This Post Email This Post


By michael - Last updated: Friday, April 9, 2010
Filed in Prenuptial Agreements • Tags: , , ,


When co-parents divorce: Jesse James and Sandra Bullock

Days after actress Sandra Bullock won a Best Actress Oscar for her role in The Blind Side, news outlets came forward with the story that a woman was claiming to have been her husband’s mistress for over 11 months. Her husband, Jesse James, is a television personality that started on the Discovery Channel show Monster Garage and is currently the head of West Coast Choppers. Bullock and James married in 2005, after meeting on a tour of the set of his show.

It’s alleged that Bullock found out only eight days after winning her award, and she has canceled numerous promotional appearances since. Several other mistresses have also come forward, and James has since apologized but not elaborated on which allegations are true or false.

Bullock has no children, and James has three children from previous relationships. He has a daughter and a son from his first marriage, and a second daughter with his second wife, an adult film actress named Janine Lindemulder. Because of Lindemulder’s severe legal troubles (which have led to jail time), James sought and was granted full custody of their daughter, six-year-old Sunny. Lindemulder is still allowed weekly visits during daytime hours.

Various news outlets have reported on Bullock and Sunny’s bond, as Bullock has been co-parenting Sunny with Jesse James. While there has been lots of speculation on whether Bullock may try to gain custody of Sunny in the event that they do divorce, news outlets are now reporting that she will in fact go ahead and fight for custody. Lindemulder herself has also said that she is supportive of Bullock and Sunny’s relationship and that she would not get in the way if Bullock were to try to obtain custody.

Unfortunately, infidelity doesn’t have much bearing on custody results. However, Sunny is only six years old and Bullock has arguably been parenting her for nearly her entire life as her biological mother has been deemed unfit.

If Bullock and James were Ontario residents and Bullock requested custody of Sunny, the courts would look at whether Bullock provided financially for the child, the nature of their relationship and whether Bullock had maintained in both private and public life that she was Sunny’s parent and acted in such a manner. After determining whether Bullock was indeed a parent to Sunny, the courts would have to look at other factors to determine how custody between Bullock and James would play out. His behavior may not make him an unfit parent by default, but it may be considered if it hurt Sunny in any way or affected his ability to act as a parent.

Both Bullock and James would then have to make their case as to their relationship with the child, their willingness to raise and take care of the child and how they plan to do so, the stability of their homes and other factors. Blood relations are also considered, as is the choice of the child herself. While it is unlikely in this case, if the proceedings were in Ontario, that Bullock would be able to take full custody of a child whose biological father who has already won custody, she should be able to get partial custody or visitation.

It’s heartbreaking when a step-parent enters into a home, essentially becomes a part of a family and then the marriage doesn’t work out. But this case goes to show that a divorced step-parent can very much still be a part of their step-children’s lives, no matter how young the child is, by requesting custody.

Like any custody issue, the applicant’s case must be very strong, well thought out and well represented. A family lawyer can set you up for success in any custody or divorce-related situation.

Email This Post Email This Post


By michael - Last updated: Tuesday, March 30, 2010
Filed in Child Custody in Ontario, Divorce, Divorce Lawyer • Tags: ,