Success of J-Lo divorce will depend on legal preparations

As news outlets continue to cover Jennifer Lopez’s high-profile divorce from Ben Affleck, a specialist lawyer says the success of the upcoming process will all depend on the legal preparations put in place by the couple’s legal team before or during the marriage.

The separation, which comes two years after the superstars tied the knot, has high stakes involved with a reported combined fortune of £600 million.

Expert divorce lawyer, Chris Longbottom, says agreements such as pre- and post-nuptial agreements can make all the difference to how smoothly and timely a dissolution of marriage happens.

Chris, partner with national law firm Clarke Willmott LLP, said: “Jennifer Lopez and Ben Affleck’s divorce is rumbling on and with reports this week of friend Matt Damon comforting Jennifer, it could be that the stress and emotional strain of the separation is taking a toll.

“It was widely speculated that the couple were calling in lawyers and looking into a post-nuptial agreement one year after their 2022 wedding, in case of any future divorce, and it is agreements like this that will lead to a smoother, more amicable process.

“Pre- and post-nups are sensible, not only for the Hollywood elite. They define what should happen to a couple’s financial affairs if their marriage was to end. In many instances the knowledge from both sides, that this agreement exists removes a lot of stress, uncertainty and lengthy negotiations, meaning the whole divorce process is quicker, more efficient and generally friendlier.

“Sometimes a pre-nuptial agreement is redrafted post-marriage into a post-nuptial agreement to remove the idea that it may have been pressed upon the other party pre-marriage as an ultimatum or because it was entered into close before the marriage.

“Some enter into a post-nuptial agreement to strengthen a relationship or perhaps after a period of separation. Jennifer Lopez has been divorced before and with a reported wealth of double that of her husband, she would clearly want to protect her fortune.”

In England and Wales, nuptial agreement are not binding on the court but if done correctly, and if they meet certain requirements, they are likely to be upheld by a court unless they are deemed to be ‘unfair’.

They are less likely to be held to be ‘unfair’ if they are recent, if full disclosure has taken place between the parties as to their finances, they take independent legal advice, circumstances have not changed since the agreement was made and both understand the nature and effect of the agreement without there being any duress to enter into its terms.

Chris continued: “For many couples it is sensible to review or include a revision clause in the agreement if an event happens (a trigger event defined in the agreement) which may change the underlying financial positions, their financial needs and whether the agreement now still remains to be regarded as ‘fair’, such as the birth of a child or serious health issues.

“It may also be the case that an annual review is to take place to ensure that there are no such changes periodically. What may be regarded as ‘fair’ at the outset may not be the case in future years if there is a change of circumstances. If deemed to be unfair, the court may not uphold part, or all, of the agreement.

“A correctly prepared and regularly checked nuptial agreement can therefore provide certainty and help to strengthen a marriage. Both parties will have agreed what represents a fair outcome should the marriage end and in doing so, assets can be ringfenced and protected in the agreement so long as the outcome remains deemed as fair.

“So whether or not you have a multi-million pound estate, drawing up legal documents is a relatively easy way to gain peace of mind, protect your assets and avoid any disputes later down the line.”

Chris Longbottom heads the family law team at Clarke Willmott, regularly dealing with the issues that arise for an individual following the breakdown of a relationship. Chris specialises in complex financial cases and private law children matters.

Clarke Willmott is a national law firm with offices in Birmingham, Bristol, Cardiff, London, Manchester, Southampton and Taunton.

For more information visit www.clarkewillmott.com