Taylor Swift and Travis Kelce: The Celebrity Engagement Everyone’s Talking About
Yes, we’ve all heard it—Taylor Swift and Travis Kelce are engaged! They’re signing up for forever and eternity… the end game. And yes, you’ve probably already read a family lawyer’s take on it. So here’s another one—with a legal twist.
Where Will Taylor and Travis Get Married? Jurisdiction Matters
First, let’s talk jurisdiction—where will the wedding take place? More importantly, which jurisdiction will govern their prenuptial agreement?
Taylor Swift owns real estate across the U.S., while Travis Kelce spends much of his time in Missouri during football season. However, celebrity insiders don’t believe Missouri will be their chosen wedding destination or their settled abode. Parties to a domestic contract can include a choice of law clause and Canadian courts generally respect the parties’ autonomy, if the chosen law has a real connection to the parties (for example, the parties ordinarily reside in the jurisdiction, resided in the jurisdiction when the contract was signed, and/or own property in that jurisdiction). A party can also request an Ontario court to interpret and/or enforce a domestic contract entered outside of Ontario, in which case Ontario courts will undertake their own analysis of whether they have jurisdiction over the matter. If an Ontario court has jurisdiction over the matter, they may enforce a foreign domestic contract in Ontario, but only to the extent that it aligns with Ontario’s law and public policy. If the parties simply insert “Ontario” as their choice of law while having no genuine connection to Ontario, local courts may decline jurisdiction.
Do Taylor and Travis Even Need a Prenup?
What if they’re just classic romantics who don’t believe in prenups? Unlikely. Here’s why they should absolutely sign one.
Net Worth Disparity: Why a Prenup Is Crucial
It’s a delicate topic, but Taylor Swift’s net worth far exceeds Travis Kelce’s. Taylor is worth approximately USD $1.9 billion, while Travis sits at around USD $70 million.
As a family lawyer, I don’t envy the legal team tasked with disclosing these massive financial portfolios. In Ontario, full financial disclosure is highly recommended—and often legally required—when entering into a marriage contract. Under Ontario’s Family Law Act (FLA), failure to disclose significant assets or debts can be grounds to set aside a marriage contract (see s. 56(4) of the FLA).
What’s in a Net Worth? Tangible vs. Intangible Assets
I wouldn’t rely on Forbes to determine their net worths. Instead, I’d ask:
- What makes up Taylor’s net worth? Is it mostly intellectual property and intangible assets?
- What about Travis? Are his assets mostly tangible?
Each type of asset requires proper documentation and valuation. Full and frank disclosure is essential for a prenup to be enforceable and meaningful.
The Classic Prenup Approach: Yours, Mine, and Ours?
The standard prenup might say: “What’s yours is yours, what’s mine is mine”—including income, assets, debts, and even fans. But in Ontario, such contracts may not always hold up under scrutiny, especially when there’s a significant disparity in wealth and income as a result of the relationship, or where the family co-mingles their incomes, assets and debts during the marriage, or after a long-term marriage with children.
Lifestyle and Support: Could Taylor Be on the Hook?
What if they decide to comingle their finances and lifestyle? At least under Ontario laws, if Taylor contributes significantly to sustaining the family’s lifestyle, she could be exposed to spousal support claims—especially if the relationship ends and Travis cannot maintain the same standard of living without Taylor’s support. This is less likely to be the case if the parties have a prenup waiving spousal support, and where each party is already self-supporting and self-sufficient.
Miglin Waivers: Not Always Ironclad
Miglin-style support releases are designed to withstand future claims for spousal support, even with changes in circumstances. However, if enforcing the waiver at the time of separation seems unconscionable, Ontario judges have the discretion to override it.
Even the Best Prenup Can’t Prevent a Messy Divorce
No matter what their prenup says—or doesn’t say—let’s not forget the lawyers. They’ll spend countless billable hours ensuring the agreement is airtight, to avoid a potential divorce of their wildest dreams.
Getting a prenuptial agreement is a vital step before tying the knot—especially when significant assets, income, or future plans are involved. At Mills & Mills LLP, our experienced family law lawyers are here to guide you through the process with clarity and care.
Contact us today to get expert legal advice and have your prenup professionally drafted. Protect your future, your finances, and your peace of mind.
At Mills & Mills LLP, our lawyers regularly help clients with a wide range of legal matters including business law, real estate law, estate law, employment law, health law, and tax law. For over 140 years, we have earned a reputation amongst our peers and clients for quality of service and breadth of knowledge. Contact us online or at (416) 863-0125. The material provided through the Mills & Mills LLP website is for general information purposes only. It is not intended to provide legal advice or opinions of any kind.
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