In what is viewed as an unusual move for a celebrity marriage, evidently celebrity Jennifer Aniston and her husband to be, Justin Theroux, are planning to soon walk down the aisle without the benefit of having a prenuptial agreement. Anniston reportedly has assets that may be as large as $150 million, which would lead many soon-to-be spouses seeking to have such an agreement in place just in case wedded bliss later turns into acrimony and divorce. Celebrity marriages, in particular, are well known for frequently falling asunder.
In this instance, groom Theroux reportedly told his fiancée that he was willing to sign a prenuptial agreement, but she turned down his offer, while accepting his proposal. Aniston is well known for starring in romantic comedy stories. The couple will live in California, a state that has community property laws just as Texas does. This will lead to a far greater chance of the wealthy actress losing a portion of her previous assets should a subsequent divorce be in the future, absent a prenuptial agreement.
A prenuptial agreement, properly drafted by an experienced matrimonial attorney, can alter the operation of such laws by voluntary agreement, carefully spelling out a limit on what assets are to be considered shared property during the marriage. Without such an agreement, in community property states, the property and debts of two married people, from the beginning of their union until it is later dissolved, may be considered to be equally share.
There are, of course, a variety of complexities concerning how community property laws in a particular state work as well as what provisions should and should not be in a valid prenuptial agreement to effectively accomplish its goal. Individuals contemplating marriage who have substantial assets, even if far less than Aniston's reported $150 million, may find it a good idea to consult with an attorney to be advised of their rights and obligations.
Source: GoBankingRates.Co, "Jennifer Aniston and Justin Theroux Risk Their Bank Account Funds by Marrying Without a Prenup" Jennifer Calonia, May. 01, 2013