While “Kimye” will become Kim and Kanye, will he remain peaceful?
The first signs suggest a harmonious and friendly split between Kim Kardashian West and Kanye West.
While “Kimye” becomes just Kim and Kanye with Kardashian filing for divorce on Friday in Los Angeles Superior Court, they do so with a prenuptial agreement in place, independent fortunes, and a desire to share time with their four young children.
The presence of prenup means the couple have likely retained a large chunk of their assets – hers earned through reality TV and funneling her fame into several lucrative business ventures, hers earned through music and fashion – separated during their six and a half years of marriage.
“Where rich and productive people marry, the marriage contract will usually say that ‘my income stays with me and your income stays with you,” said lawyer Daniel Jaffe, a major player in celebrity divorces in the south. of California for decades. “So if, in fact, it does, there won’t be any major ownership issues.”
For the four children aged 7 years North to 21 months Psalm, Kardashian is seeking joint custody in her divorce papers. It doesn’t necessarily mean equal time or decision-making for almost 16 years until all children are adults.
“There is a lot of leeway in the space between shared custody,” said divorce lawyer Reid Aronson. “I know I have cases where they say it’s shared custody, but it’s really just because the party that doesn’t really have custody doesn’t want to feel left out.
But Jaffe says that in the vast majority of cases, at least legally, “each party is involved in making important decisions about children’s education, children’s travel, children’s religious education.”
Neither Jaffe nor Aronson are involved in this divorce.
By law, it will take at least six months for the couple to be declared divorced, but it will likely take longer to finalize given the finances and properties involved, even with an out-of-court split and prenup.
Custody of minor children is never final. It’s always subject to change by the court, and the details are often worked out in separate court proceedings long after the couple has been declared divorced.
Despite the signs of peace, divorces often turn sour as they progress.
“I hear an out-of-court divorce when these things start all the time, and it seems like for some reason something’s up and it blows up,” Jaffe said. “The friendship has just been broken by someone doing something ordinarily stupid and / or their lawyers doing something totally stupid, which turns an amicable divorce into a mad divorce.”
Any sign of conflict will be grasped by media hungry for detail in what was among the most followed unions of the 21st century, and the couple will have to fight to prevent the split from happening publicly, as much of the past year of their marriage did.
Judges generally agree to keep details of children’s finances and lives from public scrutiny.
And high profile couples, including Brad Pitt and Angelina Jolie, have increasingly paid for private judges, preventing nasty details from becoming public.
Kardashian attorney Laura Wasser, the most sought-after lawyer for divorcing celebrities with a constant flow of A-List clients, has often brought in private judges.
Yet strategic leaks can arise any time a client or their lawyer wishes, as happened in the Pitt-Jolie divorce, which also started out of court but has continued with conflicts of interest. custody and child support.
Such leaks are a key way to derail divorces.
“I would advise my clients not to judge the case in the press, because that’s where it really gets complicated, because if someone says something they don’t like, then the other person has to come back and respond, ”Jaffe said. . “So instead of doing this between lawyers or in a courtroom, what we have is page six where all litigation is going to take place. And it is not useful to resolve these cases amicably. “
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