Nicole Kidman Divorce: What It Teaches Us About Pre-Nuptial Agreements

Celebrity divorces often make headlines, not just for the emotional drama, but also for the complex legal and financial arrangements. Recent reports of Nicole Kidman filing for divorce from Keith Urban have drawn attention to the couple’s pre-nuptial agreement.

What makes this case particularly interesting is the reported inclusion of a “sobriety clause” - a term that has caught the attention of many people.

So, what exactly does this mean, and could such a clause be enforceable here in the UK?

What Was in the Kidman–Urban Pre-Nup?

According to reports, the couple’s pre-nup stated that Keith Urban would receive a financial reward (between $600,000–$900,000 per year of marriage) if he remained sober and avoided drugs and alcohol. Over their nearly two decades of marriage, this could amount to over $11 million.

While unusual, this example highlights the flexibility of pre-nuptial agreements and also raises the question of how such terms might work under UK law.

Are Pre-Nuptial Agreements Legally Binding in the UK?

In England and Wales, pre-nuptial agreements (“prenups”) are not automatically binding, but courts are increasingly willing to uphold them if certain conditions are met. Generally, a pre-nup is more likely to be enforceable if:

• Both parties entered into the agreement freely
• They had full disclosure of assets
• They had independent legal advice
• The agreement is fair and meets the needs of any children
• It was signed well in advance of the wedding (ideally 28 days or more)

Courts will not uphold terms that are illegal or unfairly punitive, but they will often take a well-drafted pre-nup into serious consideration.

Can You Include a Sobriety Clause in a UK Pre-Nup?

The concept of a “sobriety clause” is unusual but not impossible. However, there are important limitations:

• Illegal activity: You cannot contractually "permit" or "condone" illegal behaviour. But you can include consequences for illegal drug use.
• Evidence: If triggered, the clause may require some form of proof (e.g. arrest, positive drug test, rehab record). How this is handled should be clearly spelled out in the agreement.
• Enforceability: A judge may consider a drug-use clause when deciding how to divide assets, especially if it affected the marriage (e.g., addiction led to financial loss, abuse, or child safety issues). However, the court is not required to enforce it as written.

In practice, UK courts are more likely to uphold a clause that reduces a spouse’s entitlement if their conduct (such as substance abuse) had financial consequences, rather than awarding a bonus for sobriety.

Another article by Chris Brown, highlights when behaviours can affect your divorce outcome.

Advantages of a Pre-Nuptial Agreement

While there are limitations to inventive clauses such as sobriety clauses, the clause itself shows the vast flexibility and potential benefits that a Pre-Nuptial agreement can afford couples.

• Clarity and certainty - helping couples understand what would happen if they separate
• Protection of assets - safeguarding family businesses, inheritances, or pre-marital property
• Flexibility - agreements can include review clauses (e.g., after the birth of a child or significant financial changes)
• Peace of mind - reducing stress and conflict if separation occurs

Review clauses

Interestingly, Nicole Kidman is apparently furious over the existence of the sobriety clause. If this is the case, this situation highlights another very important drafting consideration when it comes to pre-nups.

A good pre-nuptial agreement also includes review clauses which are triggered by certain events.

These could be the birth of a child, the purchase of a significant asset or after periods of time, say every 5 or 10 years. Pre-nups can also include ‘sunset clauses’ which are triggered by events the parties have agreed will determine the end of the agreement.

You would expect that Nicole Kidman and Keith Urban could have had such clauses written in the agreement so arguably, Mrs Kidman is to blame for not knowing the sobriety clause existed or for letting it remain in the agreement for so long.

Certainly, in the jurisdiction of England and Wales if such review clauses are included and an agreement regularly reviewed, then the Court would also give the existence or removal of any clause even greater weight and influence when determining the validity and its effect on any financial settlement.

Why Consider a Pre-Nup?

While prenups may feel unromantic at the start of a happy relationship, they can be incredibly useful. A well-drafted agreement not only provides financial security but can also encourage transparency and trust between partners.

The Nicole Kidman and Keith Urban case shows how creative, and sometimes unusual, prenups can be. Whether or not the sobriety clause influenced Urban’s recovery, it demonstrates how such agreements can go beyond financial matters.

How Can Hegarty Help?

At Hegarty, our family law specialists regularly advise clients on pre-nuptial and post-nuptial agreements. We take the time to understand your individual circumstances and draft agreements that reflect your needs, while staying within the legal framework of England and Wales.

If you’re considering a pre-nuptial agreement or would like advice on protecting your assets before marriage, get in touch with our friendly family law team today.