No pre-nuptial agreement for ‘California girl’ Katy Perry

After filing for divorce in December 2011 it has now become clear that Russell Brand and Katy Perry did not sign a prenuptial agreement before their wedding in October 2010.

During their 14 month marraige Katy earned approximately $44 million from album sales, touring and endorsements. Meanwhile, Brand added an estimated $6 million to the account.

Under California law where no prenuptial agreement is present there is a 50/50 split of assets and earning. This means that Brand could be looking at a pay day of $22 million or more. The two homes which the couple shared may also need to be sold with the proceeds being split.

What though would the case be if the divorce was filed under the British legal system?

Simply put given the length of the marraiage and the assets and incomes that both parties have, a 50:50 split of income and assets would not apply here.

What would be in the case in UK if a pre-nup as in place?

Pre Nuptial Agreements have historically held little sway over the Courts in the UK, although this position has been changing recently.

In October 2010 The Supreme Court confirmed the position UK courts should take concerning pre-nuptial agreements in the case of Radmacher v Granatino.

To read a full summary of the case click here.

The court ruled in this landmark case that:

“British courts should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to their agreement.”

The Supreme Court put aside the difficulties with the original agreement and declared that it would be “Patronising” and “Paternalistic” for the Courts to impose a different settlement on adults who had made their own “Nuptial” agreements.

This judgment suggests that the UK Courts have fallen in line with most European countries in giving significant weight to pre-nuptial agreements.

If you would like further information on obtaining a divorce, drawing up a pre-nuptial agreement or on any other family law issue please contact the family department at Osbornes.

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