The Kardashian-West divorce

After six years of marriage, TV reality star Kim Kardashian and rapper/fashion designer Kanye West are now in the process of getting a divorce. Kim filed for divorce on 19 February 2021, after months of rumours circulating across the media. Recent reports have confirmed that Kanye West has now submitted his response.

The couple are said to have a combined net worth of over $2.1 billion and their jointly-owned family home in California is worth a reported $60 million alone. There is no doubt that this is a high net worth divorce. Fortunately, matters appear to have been proceeding in an amicable fashion.

Pre-nuptial agreement

The couple entered into a pre-nuptial agreement prior to their Italian wedding in May 2014. In England and Wales, pre-nuptial agreements are not binding and parties to a marriage cannot oust the jurisdiction of the court. However, a court will still consider the terms of any agreement and will give appropriate weight to such terms when deciding how to utilise its broad discretion in financial remedy cases. In comparison, most US states view pre-nuptial agreements as binding contracts and they are therefore usually upheld in court. As Kim and Kanye have a pre-nuptial (prenup) agreement in place, it is likely that the financial aspects associated with their divorce will continue to proceed in an amicable manner.

Whilst the couple’s pre-nuptial agreement sets out how their financial claims against one another are to be dealt with, it does not provide for arrangements concerning their four children: North (7 years old), Saint (5 years old), Chicago (3 years old) and Psalm (1 year old). However, Kim and Kanye have reportedly agreed that they are to have joint custody of the children and that neither of them will request spousal support from the other.

Mediation

It is thought that Kim and Kanye may have also engaged in mediation, a private and confidential process used to assist divorcing couples with resolving certain disputes. Whilst Kim and Kanye’s reasons for taking such an approach are likely to be centred around keeping information away from the tabloids, mediation is an example of a cooperative route often utilised by many couples when seeking to reach agreements relating to their divorce. 

It is a method which is designed to promote both open and effective communication in a less stressful environment, whilst also providing couples with the opportunity to maintain control and reach decisions between themselves in a cost-effective manner.

It is certainly positive that Kim and Kanye are continuing to take a cooperative approach when it comes to their divorce as this ought to prove beneficial for the Kardashian-West family both now and in the long-run. 

By keeping an open line of communication and adopting a cooperative stance throughout a divorce and related proceedings, couples should be able to minimise legal fees, reduce stress, and ensure that unnecessary delays are avoided. 

Maintaining amicable relationships also help to minimise the negative impacts of getting a divorce on any children of the family and is therefore promoted by the legal profession. 

We are always happy to discuss matters with you and offer a free 15-minute initial telephone call.  If you would like to take advantage of that please contact our specialist divorce and separation lawyers. 

I can be contacted on 01245 453827 or suryen.nullatamby@birkettlong.co.uk.