Contributing Author: Raymond Hekmat
The fascination with celebrity breakups is neverending, and the “Kimye” divorce will have everyone talking and speculating about how every aspect of the relationship, and ancillary relationships, will play out. Chances are, though, this divorce has been in the works for a while—and disclosure from the parties will focus on amicability.
Prenup Can Bring the Peace
Since Kim and Kanye have a prenuptial agreement that resolves most, if not all, financial matters between them, they’ll most likely have a peaceful divorce. Aside from the complexities of their property settlement, there won’t be much contention when it comes to money.
Given their significant assets, income, and respective illustrious careers, they’ll each be well-off post-separation. Plus, their prenup most likely waives the right to spousal support for both of them since Kim is reportedly requesting that the Court terminate spousal support to each of them. This will allow them to focus on their children and their future lives as co-parents.
The prenup is the key to the potential peaceful divorce here.
Not only does it dictate what property will be owned separately, but also what and how assets held in joint title, like their Calabasas mansion, will be divided. Fortunately, it's fairly certain that both Kim and Kanye have sufficient liquid assets to buy the other out of any joint property without much conflict, or the prenup may provide details on how this will be accomplished.
Behind-the-Scenes Dealings
Aside from the prenup, many high-profile divorces are highly orchestrated to stay out of the limelight. We’ve been hearing about their looming divorce for months. However, to keep their specific issues out of the media, Kim and Kanye’s case was most likely negotiated in private mediation between their attorneys, or with a private judge, prior to any filing for divorce.
It’s safe to assume that it wasn’t by chance that Kim’s Petition for Dissolution was filed on a Friday afternoon. Between the prenuptial agreement, and these covert negotiations, there’s probably not much to fight about before the divorce is finalized.
Kim, Kanye, and The Kids
The only thing that the prenuptial agreement can’t provide for is child custody and child support. Kim and Kanye will have to come to terms on that in a separate agreement. From reports coming in, it sounds like Kanye will agree to Kim’s request for joint legal and physical custody. This is great news, especially for the four children, as it is usually the kids that take it hardest during divorces.
Kim, Kanye, and their child custody specialists will construct a joint parenting plan that suits their children’s best interests and how the ex-couple will co-parent moving forward. The fact that Kim already requested joint legal and physical custody hints to there not being much to fight over visitation issues either. Once again, the freedom of time and space that they’re afforded in their careers will hopefully contribute to a collaborative effort to prioritize the children’s well-being above all else after the divorce.
What’s Next?
Kanye is due to file his response next. A full judgment will be submitted to the Court for entry soon thereafter, since a full agreement, in all likelihood, has already been completed.
They may request that the judgment be filed under seal so that it won’t be made public. This can be done in some high-profile cases. Or, the judgment that’s filed will be very basic and vague. Meanwhile, a separate, and more specific agreement will be held confidentially by both parties in the event that one of them violates it.
Although it seems like this is a fluid situation, many of the t’s were crossed and i’s were dotted long ago. The divorce is not a surprise to many and, before you know it, Kim and Kanye will be living the single life again.
Raymond Hekmat, of Hekmat Law & Mediation, APC, has dedicated his entire career to the practice of family law, including the areas of divorce, custody, prenuptial agreements, paternity, and support issues. Now primarily focused on prenups and divorce consulting, Raymond’s practice is dedicated to preparing couples for a successful marriage and in cases where the marriage doesn’t succeed, making sure the divorce does, efficiently and peacefully.
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