Contributing author: Raymond Hekmat
The fascination with celebrity breakups is never-ending, and Kimye’s divorce will have everyone talking and speculating on how every aspect of the relationship, and side relationships, will play out. Chances are, this divorce has been in the works for some time, and disclosure by the parties will focus on friendship.
Prenup can bring peace
From Kim and Kanye have a prenuptial agreement who resolves most, if not all, of the financial matters between them, they will most likely have a peaceful divorce. Aside from the complexities of their property settlement, there won’t be much controversy when it comes to money.
Considering their significant assets, their respective incomes and illustrious careers, they will each be well off after separation. In addition, their most likely agreement waives the right to spousal support for both, since Kim allegedly asked the court to end spousal support for each of them. This will allow them to focus on their children and their future life as co-parents.
Prenup is the key to potential peaceful divorce here.
Not only does this dictate which property will be separately owned, but also what and how jointly owned assets, like their Calabasas mansion, will be divided. Fortunately, it’s pretty certain that Kim and Kanye have enough liquid assets to buy the other of any joint property without much conflict, or the contract can provide details on how this will be accomplished.
Behind the Scenes Transactions
Prenup aside, many high profile divorces are highly orchestrated to stay out of the limelight. We’ve been hearing about their impending divorce for months. However, to keep their specific issues out of the media, the Kim and Kanyes case was likely mediated privately between their lawyers, or with a private judge, before any divorce petition was filed.
It’s safe to assume that it was no coincidence that Kim’s disbandment petition was filed on a Friday afternoon. Between the prenuptial agreement and these secret negotiations, there is probably not much to fight before the divorce is finalized.
Kim, Kanye and the kids
The only thing the prenuptial agreement cannot provide is child custody and child support. Kim and Kanye will have to agree on this in a separate agreement. From reports received, it appears Kanye will accept Kims’ request for joint legal and physical custody. This is great news, especially for the four children, as it is usually the children who suffer the most during divorces.
Kim, Kanye and their child care specialists will work out a joint parenting plan that suits their children’s best interests and how the ex-couple becomes co-parenting in the future. The fact that Kim has already applied for joint legal and physical custody suggests that there is not much to argue over visitation matters. Once again, the freedom of time and space granted to them in their careers will hopefully contribute to a collaborative effort to put the welfare of children above all else after divorce.
Kanye must file his response afterwards. A full judgment will be submitted to the Court for entry shortly thereafter, as a full deal, in all likelihood, has already been reached.
They can request that the judgment be filed under seal so that it is not made public. This can be done in some high profile cases. Or, the judgment that has been filed will be very basic and vague. In the meantime, a separate and more specific agreement will be held confidentially by both parties in the event that either party breaches it.
Although it appears to be a fluid situation, many ts have been crossed and pointed a long time ago. Divorce comes as no surprise to many, and before you know it Kim and Kanye are going to be living single life again.
Raymond Hekmat, of Hekmat Law & Mediation, APC, has dedicated his entire career to practicing family law, including the areas of divorce, custody, prenuptial agreements, paternity and support. Now primarily focused on prenups and divorce counseling, Raymonds’ practice is dedicated to preparing couples for a successful marriage and, in cases where the marriage is unsuccessful, ensuring that the divorce is successful, efficiently and effectively. peacefully.
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