Divorce and copyright ownership
Who keeps copyright when you get divorced? It’s an important issue. A nuptial agreement is something to consider. Consult a legal professional for advice on copyright during and after marriage.
Copyright ownership on marriage
Artists automatically own the copyright to work they create, unless they have signed a contract agreeing to give the right to someone else, like an employer. Marriage does not change this general position, but if you are both creatives, you may find that you create work together. For copyright in these situations read the section on joint ownership in our article on disputes over copyright.
Copyright ownership on divorce
Copyright, like other forms of property, can hold value and is therefore treated as such during divorce proceedings. This means that when one spouse holds copyright, its value, including any royalties it generates, will be factored into the division of matrimonial assets. This is a complicated process so it is essential to seek advice from a lawyer.
Nuptial agreements
You may like to consider deciding on what happens to copyright in the event of divorce. You can detail it in writing before marriage or civil partnership in a prenuptial agreement, or during marriage or civil partnership in a postnuptial agreement. Although nuptial agreements are not legally binding in England and Wales, they are still very persuasive when decisions are made by the courts about divorce settlements. It is important that nuptial agreements are entered into properly, so it is essential to seek advice from a lawyer.
Read about nuptial agreements on The Law Society website
You may also like to consider a cohabitation agreement if you live together but are not married or in a civil partnership.
Learn about cohabitation agreements on The Law Society website
Legal advice
DACS do not advise on nuptial agreements or become involved in divorce cases. We advise you to take legal advice from a family law specialist.
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Disclaimer
The content of this article is not intended to be applied to individual circumstances. It is not legal advice, and is not a substitute for independent legal advice.