‘Bennifer 2.0’ is no longer, but is it worth having a Pre-Nuptial Agreement?

‘Bennifer 2.0’ the term the media have given the rekindled relationship, and subsequent marriage, between Hollywood’s A list celebrities, Jennifer Lopez and Ben Affleck.  Earlier this year it was confirmed they are divorcing after two years of marriage.  It is rumoured that no Pre-Nuptial Agreement (‘prenup’) was entered into, and the courts in the Los Angeles (LA) have directed Jennifer and Ben to share financial information. The couple renewed their relationship in 2021 and married in the summer of 2022. Jennifer filed for divorce two years later in August 2024 allegedly without legal representation. Forbes estimates Jennifer’s net worth at $400 million, whereas Ben’s is around $160 million. Now the world will wait to see whether there will be a battle over the finances. Whilst LA laws will determine how their finances are split; how would things stand if they were divorcing in England and Wales?

You may hear it said that prenups are not worth the paper they are written on.  In fact, provided that the terms of the prenup are fair, and both parties had an appreciation of what they were agreeing to, particularly where both parties had legal representation, the terms are likely to be a huge influencing factor and could be upheld by a court.

The division of assets, in England and Wales, it often centred on what is fair when there is no prenup in place.  When determining the point the Court will look at, amongst other factors:

• whether there are children from the marriage.
• the length of the marriage.
• the standard of living enjoyed during the marriage.
• each party’s financial contributions during the marriage.
• each party’s income, and their likely future earning capacity.
• each party’s responsibilities.

The way prenups are treated will largely depend on the above factors, and in the Bennifer case, with no children of the marriage and it being a short affair, a court in England and Wales is more likely to hold the couple to a prenup if there were one in place.  Whilst prenups are viewed as unromantic and places additional pressure on a couple, they are a mechanism to deal with issues such as safeguarding, for example, inheritance that one party is expecting, or provision for children had by either party prior to their marriage. So, it is safe to say, a prenup would save a lot more stress if the marriage were to end.

It is surprising if Bennifer did not have a prenup, given their net worth. As far as couples living in England and Wales are concerned,  if in fair terms, drafted properly and in good time before the marriage, with good legal advice, they can hold considerable weight.  Blanchards Law can offer a free no obligation conversation for those that are considering having a prenup.