The Fine Print Behind The Fairytale

No “Bad Blood” When It Comes to Prenups

Swift is no stranger to the world of contracts and the implications of legally binding language. After enduring a years-long battle to buy back the rights to her music masters, she likely approached marriage with careful attention to the fine print. Her massive asset portfolio may dwarf Kelce’s net worth, but the three-time Super Bowl champion has a significant income stream of his own from his football career, not to mention his podcasts and various other endorsements and business endeavors.

For that reason, a prenuptial agreement between the two was probably months in the making, and the topic is one my colleagues in the Matrimonial & Family Law practice at Blank Rome were weighing in on in the lead-up to the wedding.

In general, the more time allotted to prenup negotiations, the better. “[A prenup] should be done and dusted at least a few weeks, if not a month or so, before their wedding,” Ryan Casson told Extra.

“If I were a betting woman – and I am – I would say that this agreement will be what we call a title-based agreement,” Marilyn Chinitz explained to The New York Times. “Everything that is in Taylor’s name, now and in the future, will remain her separate property. And she’s got a lot to protect.” Marilyn’s comments are a nod to the remarkable career Swift worked so hard to build, with assets including intellectual property, song catalogs, and publishing income.

While many public figures opt for a confidentiality clause, Ali Fishbein told Money Moves that “…such a provision would be unlikely in this case, where one spouse is known for relying on public disclosure of personal details as part of her livelihood.”

Sarah Luetto echoed this in Page Six, sharing that, “In Taylor’s case, she would likely not want to include provisions limiting her from singing about her relationship in songs, particularly since there is always so much speculation about the subjects of her songwriting.”

While conversations about money can be uncomfortable, even for the ultra-wealthy, transparency and communication are always key to building the foundation of a strong marriage. Ashley Silberfeld described how this process can actually be beneficial, telling The Independent, “It’s a really good indicator, in my opinion, if a couple can get through the prenuptial agreement negotiation and become stronger than when the negotiations started, because that shows that they can have the tough conversations.”

“Speak Now”… or Not: Confidentiality Behind the Ceremony

When the press first leaked news of a Madison Square Garden wedding, many fans were surprised that Swift and Kelce would choose such a public venue, given the privacy they had worked to maintain throughout their relationship. Even their engagement was allegedly hidden for nearly two weeks before they announced it via a shared Instagram post. So far, it appears the two were able to shield some of their intimate ceremony details from the public eye, likely due to NDAs for attendees and the intense security protocols which already exist at Madison Square Garden. We can likely expect that such contracts and protocols were also in place for the couple’s respective staff and, in merging households, will continue to be a necessity.

“The Manuscript” to Love in the Limelight

The legal framework of marriage does not stop at the end of the aisle. As their income, assets, and lifestyle change over time, Swift and Kelce will want to regularly review their marital agreements. It is worth noting that pre- and postnuptial agreements do not address issues of custody or visitation in the event of divorce, meaning that if the two ever decide to have children, they could navigate additional layers of complexity.

Given their ages and the fact that the two are at the height of their careers, the freezing of eggs or embryos is also not out of the question. In these scenarios, Steven Goldfeder told Vulture that the facility they choose would require additional documentation regarding their respective rights. “They make you sign a contract,” he explained. “At the time you sign, they’re saying you have to tell them: what is going to happen, what you want to happen with the eggs in the event that you get divorced; in the event you’re not together, does one party get them over the other, should the eggs be destroyed?”

Just like the still-secret details of their wedding, the future for Swift and Kelce’s marriage is undoubtedly far more structured than the public will ever be privy to. As they embark on their marriage era, we can expect they will put as much attention into the details of their privacy, assets, and family life as they do their thriving careers.