Kim Kardashian and Kanye West Engaged

By Betty Wang, JD on October 22, 2013 | Last updated on March 21, 2019

KimYe is officially engaged. Last night, entertainer Kanye West, 36, rented out San Francisco's AT&T park just for the occasion and popped the question to reality-TV starlet Kim Kardashian, 33, in front of many of their friends and family, ABC's "Good Morning America" reports.

Kardashian, who is recently had a baby with West (named "North West"), is certainly no stranger to the spotlight.

But once the media attention fades on the couple's nuptial plans, should they get a prenup? If so, what should it include?

Prenuptial Agreement: Basics

Even celebrities (well, especially celebrities, actually) should consider prenuptial agreements. Otherwise known as premarital agreements, prenups establish a soon-to-be-wed couple's financial and property rights in the event of a divorce.

Admittedly, a prenup sounds incredibly cynical and the furthest thing from romantic, especially during what should be a romantic time. However, the reality is that each spouse's assets should be protected -- especially for wealthy power couples like West and Kardashian.

This especially is a nod to Kardashian, who is no stranger to divorce.

Prenuptial Agreement Specifics

With that said, what should KimYe include in their prenuptial agreement? Here are some key factors that should be considered:

  • Responsibilities during marriage. For two high-profile celebrities like West and Kardashian, it may be smart to define certain responsibilities during their marriage. This can include any businesses, management of household bills and expenses, and savings contributions.
  • Children. Baby North can be mentioned in the prenup, of course. However, a prenup won't include child custody and child support agreements. But, a prenup can also include considerations like what religion North should be brought up in or what schools she should attend -- although a court may refuse to enforce these provisions if they are not in the best interest of the child.
  • Community vs. marital property. Because California is a community property state, this means that upon divorce, the courts will decide in a particular way how marital assets will be divided. In order to prevent this division of property, a prenup can include certain preferences for certain assets (e.g., Kanye can keep all his Wayfarer sunglasses, Kim can keep all her hair extensions).

Of course, there are also things that can't be listed in a prenup -- like child custody or alimony waivers. The future Wests should probably consult a family law attorney to ensure that their prenup is proper.

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