Britney’s engaged which is a huge deal, but the impact the upcoming marriage has on her conservatorship is even bigger! This marks the first step for Britney getting her civil rights back, and you can bet she won’t make the same mistakes twice.
Britney’s under a conservatorship by her father Jamie and attorney Andrew Wallet, who control legal decisions for Brit’s personal affairs and her estate. In other words, Britney can’t legally hire her own lawyer, spend her own money (without a weekly limit) or make decisions for the kids without the consent of her conservator.
However, Britney’s finally made a decision on her own: saying YES to Jason Trawick. Now she needs dad Jamie to sign off on it.
“Britney can do anything she wants under the conservatorship, but that doesn’t make it legal. If she did get married without her dad’s permission, it would be a legal nullity, as in null and void – as in an illegal marriage,” Beverly Hills-based Divorce Attorney Mark McBride told FOX411’s Pop Tarts column. “She would first have to get dad Jamie’s permission. In the face of a ‘no’ from Dad, she would then have to ask a court to override her dad’s decision, which almost surely wouldn’t happen.”
Britney’s conservatorship is reviewed in January, the same time ex-manager Sam Lutfi’s case against Lynne Spears for slander, libel and defamation of character takes place. Funny timing, right? Wrong. The conservators want to keep Britney safe from being deposed by Lutfi, who wants to clear his name regarding allegations he gave Britney drugs. If Britney’s free, she’s susceptible to this lawsuit and may have to go to court in person and recount the days of her public breakdown.
“If the conservatorship is ended, Lutfi’s lawyer will seek to depose her,” McBride said.
McBride goes on to say something’s not adding up. A superstar who releases albums, tours the world, gives interviews, and maintains a loving relationship with family and friends is not a candidate for these kind of restrictions.
“A conservatorship is a court-ordered plan which is put in place to protect people from themselves. It can be put in place if the person is acting erratically, making very bad financial decisions, has mental health issues such that their day to day functioning is impaired and affected, has drug problems, has a sense of being totally overwhelmed by a very busy or stressful life, or if the person presents the risk of hurting themselves or others,” McBride explained. “If the conservatorship is lifted, Britney has to face her legal woes. Right now, she’s getting her cake and eating it, too. She’s able to generate tons of cash but not have to face the legal music.”
All legal affairs aside, reports claim the Spears’ are “very happy” with Jason. “He’s great with her sons too,” said the source. “Great husband/father material.”
If Jamie Spears does give OK to Britney and Jason for marriage, yet still doesn’t want Britney free from the conservatorship, a request can also be made to the courts to transfer the conservatorship over to Jason, which would involve several court hearings. Or, Jason can still negotiate finances and things like a pre-nuptial agreement, and Jamie would sign off on it (not Britney).
The bigger question is: why has it taken mainstream media four years for questions regarding the conservatorship to come up?
“I don’t understand why Britney is not petitioning the court to end the conservatorship. It’s been nearly four years now since she was put under her dad’s thumb. The fact that she hasn’t petitioned to dissolve the arrangement might indicate that she is not fully rehabilitated,” added McBride. “Although she’s not a Harvard graduate, to be sure, she certainly has the money to hire an excellent team of lawyers to get the conservatorship ended. Of course, that approach is rather circular, in that Jamie would have to give permission for her to pay such lawyers. As well, if the conservatorship is lifted, she might be wise enough to know that she would have to then sit for, say, the Lufti deposition. Accordingly, she might want to keep it in place.”
Maybe when Britney Tweeted “Last night Jason surprised me with the one gift I’ve been waiting for,” she wasn’t referring to a ring…