24th August 2010

The rise of the post nuptial agreement amongst wealthy couples is becoming apparent after several high-profile cases involving such agreements, made after marriage yet before a divorce goes to court, have been discussed in the media recently.

In America, golf star Tiger Woods and his wife, Elin Nordegren, are said to have agreed a post-nuptial deal once the nature of their impending divorce became apparent.

It has been reported that the terms of the couple's pre-nuptial agreement were changed substantially, in Nordegren's favour, to ensure confidentiality and to reduce the chances of further career damaging revelations being made against Woods by his estranged wife.

The couple agreed, through their divorce solicitors, that Nordegren would receive significantly more – perhaps in the region of $100 million more – in any likely financial settlement than the original pre-nup had stated. Though the divorce has now been granted, terms of the final settlement have not been released.

In another high profile US case, Frank McCourt and his estranged wife, Jamie, have been in the news over ownership of baseball team the Los Angeles Dodgers after it was alleged Mrs McCourt's family law lawyers misadvised her during the drawing up of a post-nuptial agreement in 2004 which ultimately made provision for certain property ownership rights should the couple divorce.

Now the couple has commenced divorce proceedings, the arguments have begun over who actually owns the team – reported to be worth around $2 billion – as, under the terms of the post-nup, the team belongs solely to Mr McCourt. Mrs McCourt is disputing this, claiming that she was misled into signing the document.

And in the UK, the terms of the post-nuptial agreement mooted by Cheryl Cole when she began divorce proceedings against her England footballer husband, Ashley, were that he could keep the house as long she got to keep the pet dogs.