I’ve been reading a lot this week about Kim Kardashian and her upcoming nuptials to Kanye West. Having already tied the knot at a small civil ceremony, they are set to have a big bash in Paris. You’ll of course know that this will be Kim Kardashian’s third wedding. She eloped at 19 years of age with her then music producer, their marriage lasted three years. And who could forget the world-famous 72 day marriage to basketball star Kris Humphries. If I was Kim’s bridesmaid this time around, I’d be sitting her down and giving her these tips:
1. It’s never too late to get a Binding Financial Agreement (BFA)
Commonly known as a ‘pre-nup’, a Binding Financial Agreement (BFA) can be done pre-nup, during-nup or even post-nup. Kim should be investing in a BFA to ensure the security of her assets if the relationship goes sour. Having a BFA can also diffuse the heat of any financial issues, so the focus can be on the co-parenting of any children (i.e. North West).
2. If she wants to give Kanye the flick, attend counselling
Not for the obvious reasons though. The law says if you have been married less than two years and want to apply for a divorce, you must either attend counselling with a family counsellor or nominated counsellor to discuss the possibility of reconciliation with your spouse or seek permission of the Court to apply for a divorce.
3. You need to be separated for a whole year before you can file for divorce.
You need to satisfy the Court that you and your spouse have lived separately and apart for at least 12 months, and there is no reasonable likelihood of resuming married life. It is possible to live together in the same home and still be separated. It’s not enough to just fake it on your reality TV show.
4. Think before you act.
Or maybe better still come and see us at Farrar Gesini Dunn before you act. Our solicitors can assist you at any stage of your relationship. So if you are thinking of eloping, or you’ve realised you’re married to a Kris Humphries and not a Kanye West – give us a call.
*NB the above is applicable in Australia