Do Kylie Jenner and Timothée Chalamet Need a Prenup? A Family Lawyer’s Perspective
As celebrity headlines swirl with speculation about Kylie Jenner and Timothée Chalamet’s relationship, one question that inevitably arises—particularly from a legal standpoint—is: Will they sign a prenuptial agreement? And more importantly, should they?
Kris Jenner, Kylie’s mother, is reportedly “pushing for an iron‑clad prenup” to protect Kylie’s estimated $800 million fortune before any proposal from Timothée.
As a family lawyer, my answer is unequivocal: yes, they should.
What is a Prenuptial Agreement?
A prenuptial agreement (often referred to as a “Prenup”) is a legal contract parties enter into before and in contemplation of marriage. A Prenup outlines how assets, debts, and other financial matters will be handled in the event of a divorce or separation. Prenups often outline which assets will be divided equally between the parties in the event of a separation and which assets will remain separate. Prenups also set out other financial expectations including spousal support, business ownership, intellectual property rights, royalties, how income is divided, and estate planning. They are especially common for parties when one or both bring significant wealth into the relationship, want to shield business interests and income, and/or have children from previous relationships.
Couples can negotiate terms suited to their circumstances, as long as the agreement is fair, voluntary, and the parties exchange financial disclosure. Parties will also need their own lawyer to read through the Prenup and provide each with “independent” legal advice.
Courts generally uphold Prenups unless there is evidence of coercion, fraud, or extreme unfairness. The negotiations between the parties should be fair and transparent.
In Alberta, without a Prenup, property is typically divided equally upon separation. Prenups often deviate from the default legislation to protect wealth and income. This can have significant implications for high net worth individuals, as a well-drafted Prenup can protect property brought into the marriage, along with any increase in value during the marriage.
The result of signing a Prenup often prevents expensive and time-consuming litigation upon separation.
Why Should Kylie and Timothée Enter into a Prenup?
Alberta’s property regime is similar to California’s, where both Kylie and Timothée reside and thus, without a Prenup, Kylie and Timothee could face significant financial consequences if they separate. Both Jenner and Chalamet bring considerable assets into the relationship. Kylie Jenner, founder of Kylie Cosmetics, has amassed wealth in the hundreds of millions. Timothée Chalamet, while not on the same financial scale, is a highly successful actor with growing earning potential and intellectual property rights tied to his career.
A Prenup can help:
- protect Kylie’s business interests and income from being subject to division;
- safeguard Timothée’s future earnings and creative works, especially those tied to residuals and royalties;
- clarify financial expectations, making it easier to avoid disputes later on; and
- limit public exposure in the event of a breakup, particularly when high-profile parties are involved (when parties enter a Prenup, upon separation, all matters are governed by the contract preventing the need for a publicized courtroom battle).
What About Cohabitation Agreements?
If Kylie and Timothée choose not to marry but move in together long-term, they may choose to enter into a “Cohabitation Agreement”. Cohabitation Agreements are similar to Prenups; however, the main difference is that they apply to couples who do not plan to marry. Similar to a Prenup, they outline financial arrangements, and support obligations both during and in the event of a separation. Similar to Prenups, Cohabitation Agreements can also prevent years of costly litigation upon separation because they outline how assets are divided.
Final Thoughts
If you are thinking about moving in with someone or getting married and you own any significant assets, such as a house, a business or a pension, consider speaking with a family lawyer about a Prenup or Cohabitation Agreement. Whether you are cohabiting or preparing to marry, a well-drafted agreement provides clarity, fairness, and peace of mind.
As a family lawyer, I see Prenups and Cohabitation Agreements not as tools of distrust, rather as instruments of clarity, security and prevention. It is smart to enter into one.
Should you have any questions about Prenuptial or Cohabitation Agreements in Calgary, contact me at info@sbllaw.ca.
