According to the latest research one third of footballers will get divorced within 12 months of retiring. Gillian Quinn, wife of ex-footballer Niall Quinn, is investigating this further as the subject for her PhD at Dublin City University.
A combination of factors may lead to the breakdown of relationships. This can include career-ending injuries, frequent travelling and relocations between clubs, media attention and mental health pressures.
The vast majority of footballers who marry will intend their marriage to last forever. However, the statistics show that divorce is very common. Many footballers are high net worth individuals, and it is therefore sensible for them to take steps to protect the assets they have acquired during their playing careers, particularly as life after football can be difficult to predict.
The most sensible way that a footballer can protect their assets, before they marry, is to enter into a prenuptial agreement (“prenup”) with their future spouse or partner which will allow them to clearly define what the financial settlement would look like in the event of divorce. For instance, a prenup could set out who will keep the assets in their name, how assets acquired during the marriage will be split, how inheritance will be dealt with and what lump sum is to be paid to the future spouse or partner in the event of divorce.
Without a prenup in place, the starting point for the division of capital is usually an equal division between both spouses or partners, although, the court can depart from that if the parties' needs are not met, especially where children are involved. This is often difficult to stomach in cases where one party has brought considerable wealth to the marriage as a result of their talent or success.
It is a common misconception that prenups hold no weight when it comes to determining finances on divorce. Whilst prenups are not legally binding in England and Wales as they are in countries such as the USA or France, they are considered highly persuasive by the Family Court in England and Wales and provided that certain criteria are met, the courts are likely to uphold the agreement, or aspects of it.
Frequently, there are international elements to footballers’ relationships that need to be taken into consideration when drafting a prenup. For example, footballers may be playing at a club overseas but be a citizen of another country, or, they may have property abroad or offshore accounts. This often means that footballers may have a choice as to where to start divorce proceedings. It is therefore important to seek expert international family law advice to determine where the prenup should be drawn up to ensure that the terms of the agreement are enforceable within the relevant country’s laws.
Commonly, prenups are drafted in one country and then a separate agreement drafted in another country with a different legal jurisdiction. This ensures that the terms of the prenup are legally binding in both countries. This can be helpful in the event that a couple may be able to divorce in several different countries. This is commonly called a Mirror Agreement. Alternatively, it is sometimes satisfactory for a prenup to refer to the law of several countries, but this may not be appropriate in every case.
Divorce can be a stressful and costly endeavour, especially where the breakdown of the relationship has been difficult or where there are complicated assets, or assets in different countries. It is therefore sensible to plan for the worst and hope for the best. The LifeStyled Club, a network of spouses and partners of footballers is now working with the official players’ union to support families in preparing for life post-football to address some of the issues faced by footballers.
If footballers do decide to enter into a prenup then it is critical that specialist family lawyers are instructed so that the prenup has the best chance of being upheld by the Family Court on divorce. The Family Law Team at Brabners have a wealth of experience in drafting prenups for professional sportspeople and their future spouses.
If you have any queries or need advice then please contact a member of the Family Team.
