Thursday, December 15, 2005
In the wake of the Jessica Simpson/Nick Lachey breakup, the Associated Press ran a story about celebrity pre-nuptial agreements. It turns out that Simpson and Lachey don't have one, which means that Simpson is probably going to be writing a big check to Lachey at some point.
More interestingly, the article discusses wacky clauses that celebrities have put into their pre-nup contracts, such as:
- Limiting the wife's weight to 120 pounds or she must relinquish $100,000 of her separate property.
- Allowing a spouse to perform random drug tests, with financial penalties for positive results.
- Requiring a husband to pay $10,000 each time he is rude to his wife's parents.
- No mother-in-law sleepovers.
- Only one football game per Sunday.
- Mandatory sexual positions.
I often wonder if clauses like these have enforceable remedies. I can see judges potentially enforcing the first three covenants because they are coupled with liquidated damages clauses (although a judge might think it's unreasonable to award $100k award for going 1 pound over 120). In contrast, I think the last example might be a good illustration of a remediless covenant. Without getting too vulgar, I'm skeptical that a judge would assess damages for breach, and I'm 100% confident that a judge will not order specific performance!