Will Smith and Jada Pinkett Smith Don’t Have a Prenup

Actress Jada Pinkett Smith, married to the actor Will Smith, recently revealed in her new book that she and Smith have been separated for seven years. However, the couple has made no moves to divorce. She also noted that the two don’t have a prenuptial agreement in place, stating that “divorce won’t be necessary” and they will “figure this out.”

People magazine reports:

“We’re still figuring it out. A lot has happened,” [Pinkett Smith] said. “The thing about relationships is that it’s constantly moving. Relationships are, it’s an organism. It’s its own thing. It’s constantly shifting and constantly moving. There’s a lot that’s transpired in the last two years, and so we’ve been doing some really heavy-duty work together.”

Pinkett Smith added that she “made a promise that there will never be a reason for us to get a divorce,” explaining, “We will work through … whatever.”

If we had been asked, we would have recommended that the couple draft and sign a prenuptial agreement before they tied the knot. At the time of their marriage, Will Smith already had a successful rap, film, and television career, as well as a child from a previous marriage. He’s also admitted to being less-than-responsible with money in the past. Signing a prenup would have been the smart move – for him and for Jada.

What is a prenuptial agreement?

A prenuptial agreement, also known as a premarital agreement or antenuptial agreement, is a contract entered into by two individuals before they get married. The purpose of a prenuptial agreement is to outline how certain issues, such as property division and alimony, will be decided if the couple divorces.

Maryland law does not specifically address prenuptial agreements, but the state does treat them like other contracts. This means that to be valid, a prenuptial agreement must be:

• In writing
• Signed by both parties
• Entered into voluntarily
• Fair and reasonable

Prenuptial agreements can be used to address a variety of issues, including:

• Asset division
• Alimony
• Child support
• Child custody
• Business interests
• Inheritance rights

Prenuptial agreements can be especially beneficial for couples who have significant assets or complex financial situations. They can also be helpful for couples with children from previous marriages.

However, it is important to note that prenuptial agreements are not always enforceable. A court may refuse to enforce a prenuptial agreement if it is found to be unfair, unconscionable, or fraudulent.

If you are considering entering into a prenuptial agreement, it is important to consult with an experienced Bethesda family law attorney. An attorney can help you understand your rights and obligations under the law and can help you draft a prenuptial agreement that is fair and enforceable.

Here are some examples of what can be included in a prenuptial agreement:

• How property will be divided in the event of a divorce
• Whether or not one spouse will pay alimony to the other spouse in the event of a divorce
• How business interests will be handled in the event of a divorce
• How inheritance rights will be affected in the event of a death

If you have any questions about prenuptial agreements in Maryland, talk to the skilled Bethesda attorneys at McCabe Russell.

Can I sign a prenuptial agreement after I get married?

No, you cannot sign a prenuptial agreement after you get married. A prenuptial agreement is a contract that is entered into before marriage, so it is not possible to sign one after the marriage has already taken place.

However, there is a type of post-marital agreement that is similar to a prenuptial agreement, called a postnuptial agreement. A postnuptial agreement is a contract that is entered into by two married people to modify their existing marital property rights and obligations.

Postnuptial agreements are not as common as prenuptial agreements, but they can be useful for couples who want to change their marital property rights and obligations after they are married. For example, a couple may want to enter into a postnuptial agreement if they have significant financial changes after they are married, such as one spouse inheriting a large sum of money or starting a successful business.

Like prenuptial agreements, postnuptial agreements must be in writing and signed by both spouses. They must also be fair and reasonable, and they must be entered into voluntarily.

If you are considering entering into a postnuptial agreement, it is important to consult with an experienced family law attorney. An attorney can help you understand your rights and obligations under the law and can help you draft a postnuptial agreement that is fair and enforceable.

Here are some of the reasons why couples might choose to enter into a postnuptial agreement:

• To protect assets that were acquired before the marriage
• To modify the division of marital property in the event of a divorce
• To provide for one spouse in the event of a death
• To address the financial needs of children from a previous marriage
• To address the financial needs of a spouse who is disabled

Can I modify my Bethesda prenuptial agreement?

Yes, you can modify your prenuptial agreement in Maryland. However, both parties must agree to any modifications, and the modifications must be in writing and signed by both parties.

There are a few reasons why you might want to modify your prenuptial agreement. For example, you might want to modify it if:

• Your financial situation has changed significantly since you signed the prenuptial agreement.
• You have had children since you signed the prenuptial agreement.
• You have started a business since you signed the prenuptial agreement.
• You have inherited a large sum of money since you signed the prenuptial agreement.
• You want to change the way that property will be divided in the event of a divorce.
• You want to change the way that alimony will be paid in the event of a divorce.
• You want to change the way that child support and child custody will be determined in the event of a divorce.

If you are considering modifying your prenuptial agreement, it is important to consult with Bethesda family law attorney. An attorney can help you understand your rights and obligations under the law and can help you draft a modification agreement that is fair and enforceable.

Don’t leave yourself unprotected. If you have questions about prenuptial and postnuptial agreements, the attorneys at McCabe Russell can help. Get in touch with us today by calling our Bethesda offices or filling out our contact form. We have offices in Fulton, Columbia, Bethesda, and Rockville, and proudly serve Montgomery and Howard Counties.