After less than a year of dating, former “Laguna Beach” and “The Hills” star Kristin Cavallari and current Chicago Bears quarterback Jay Cutler are officially engaged. The news came straight from People.com which reported that Cutler proposed over the weekend during their vacation in Cabo San Lucas. We at Beermann Swerdlove hope that Jay and the future Mrs. Cutler ride off into the sunset and live happily ever after. But, in case they don’t, I sure hope they get a prenuptial agreement. Based on my experience with the Family Law Sports & Entertainment division, here are some things I hope athletes understand before tying the knot.
First, find yourself a top-shelf attorney who has experience in representing athletes and entertainers in a firm that has a leading family law practice, as well as an estate planning department. To my knowledge, Beermann Swerdlove LLP is the only firm in the city of Chicago that has a premier Family Law division with an Estate Planning department, in addition to other practicing areas within the firm. Additionally, Beermann Swerdlove is the only firm in the city of Chicago known to have a Sports & Entertainment Family Law divison within its firm.
The second most important aspect of a prenuptial agreement is ensuring there is full disclosure of the assets and wealth of each party as part of the final agreement. Full disclosure is as critical, if not more critical, than the expressed language of the agreement itself.
Finally, recognize that a prenuptial agreement is designed to provide protection to both parties, especially when both parties stand to lose a great deal in the event of a divorce. Having a prenuptial agreement can help to avoid a long, drawn out legal battle which could be exploited by media and potentially damage one’s public image.
A matter such as a prenuptial agreement between two high-profile individuals requires discretion, experience and competence in both the areas of family law and estate planning because a prenuptial agreement encompasses contingencies for possible divorce, as well as provisions pertaining to the death of either party during the marriage.
This post was written by James M. Quigley: Family Law Partner
