Pacheco Perez P.A.

Burned before, Paul McCartney and Neil Diamond still spurn prenups

"Once bitten, twice shy" is the title of a rock and roll song the likes of which could easily have been written by ex-Beatle Paul McCartney in his stomping days.

It wasn't, though, but that doesn't stop it from coming to mind in the wake of his recent announcement that he is marrying for the third time. McCartney's first marriage, to Linda Eastman, was noted widely for being a lasting and happy union. His second, though, to Heather Mills, ended with intense acrimony and a large legal settlement.

McCartney reputedly forked over scores of millions of dollars in that split, an amount that could have been greatly reduced had he and Mills executed a prenuptial agreement at the time they married.

He has publicly expressed that, notwithstanding the outcome of that marriage, he has no interest in entering into a prenup this time around, either.

"This girl is not Heather," he told a reporter.

Neil Diamond is a fellow romantic. Diamond's second divorce also ended badly, with him reportedly paying a staggeringly high amount, well in excess of $100 million.

Diamond too, though, is eschewing a premarital contract the third time around.

"I'm not going to insult her by asking her to sign a piece of paper," he says.

Obviously, and although both musicians hopefully find bliss the third time around, their resistance to consider a prenuptial agreement is akin to the "knee-jerk reaction" we noted in an earlier blog post (August 26). It signifies an attitude that the existence of such an agreement undermines a married couple's intimacy and romance.

Foregoing a prenup is certainly a personal choice, but, as we have informed readers, it is also a legal tool that, viewed dispassionately, can make a great deal of sense in certain circumstances. Those include second or subsequent marriages, instances where substantial wealth is involved, situations where an intent exists to protect an inheritance for older children, and a host of other considerations.

A family law attorney with experience drafting premarital contracts can provide further information and explain how a prenup is eminently sensible under many circumstances.

Related Resource: ABC News, "Paul McCartney Files Notice to Marry Heiress" Sept. 14, 2011

Contact Music, "Engaged Neil Diamond Shuns Prenup" Sept. 18, 2011

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