The ‘Bennifer’ divorce
Our Director Charlotte Leyshon is presently in Los Angeles and has prepared this topical blog on the ‘Bennifer’ divorce bombshell!
Los Angeles is a buzz with the fact that JLo filed for divorce from Ben Affleck on 21st August two years to the day since their big white wedding. What is causing the most surprise though isn’t the fact there is no prenuptial agreement but the fact that JLo filed the papers herself without a lawyer representing her. JLo is effectively then a litigant in person.
According to local news sources here in LA JLo has cited the date of separation as 26th April 2024. Allegedly since then their respective teams have been trying to negotiate a settlement but with no success. In an apparent fit of pique JLo has filed the papers as a signal that she’s no longer willing to wait. The papers filed also revealed there was no prenuptial agreement for the four times married JLo and twice married Affleck.
So what does this mean in California? The absence of a prenuptial agreement between Jennifer Lopez (JLo) and Ben Affleck means the division of assets would likely follow the community property laws of California, where they reside. In California, any assets and income acquired during the marriage are typically split 50/50 between the spouses. This could lead to a significant division of their combined wealth, which includes real estate, investments, and other properties they may have acquired during the marriage. There is also their £60 million home in Georgia.
Both JLo and Affleck have extensive business interests, including music, film production, and other ventures. Without a prenup, there could be disputes over the valuation and division of these business assets. This could become particularly complex if their business interests have grown significantly during the marriage, as the other party might be entitled to a share of that growth.
A divorce without a prenup could potentially lead to a very public and contentious legal battle, given their celebrity status. The lack of clear legal guidelines could result in prolonged negotiations and litigation, which could attract significant media attention and impact their public images. Additionally, the emotional and psychological toll could be considerable, especially if the divorce becomes contentious over financial matters.
On the flip side, the absence of a prenup might also encourage both parties to negotiate a fair settlement privately, to avoid the uncertainty and public scrutiny of a court battle. Given their past experiences with relationships and divorce, they might opt for a more amicable resolution that respects both parties’ contributions and interests.
Overall, not having a prenuptial agreement increases the complexity and unpredictability of the divorce process, potentially leading to significant legal, financial, and emotional consequences for both JLo and Ben Affleck.
Pre nuptial agreements are not just the domain of the rich and famous. Here at Lux Family Law we are experts in advising our clients on how to protect their assets when entering a marriage or when beginning to cohabit in a new relationship. Understanding how pre acquired assets are protected and how new wealth created during the course of the relationship is dealt with is key.
If you need any advice or information regarding pre nuptial agreements please contact us on 02920 197203.