What if Kim and Kanye got divorced in Yorkshire?
I ain’t sayin’ tha’s a gold digger
With Kim Kardashian breaking the internet again when rumours circulated that she had filed for divorce from Kanye West, I couldn’t help but compare the outlandish (and sometimes clearly untrue) statements being made by celebrity commentators with the more sedate world of a Yorkshire divorce.
Grounds for Divorce
I’m afraid we are still lagging behind those across the pond when it comes to filing for Divorce. Kim and Kanye are said to be “amicable”, but if Kim wanted to file for divorce on a no fault Divorce in Yorkshire, she would be out of luck. The only ground for Divorce is the irretrievable breakdown of marriage, which must be evidenced by one of 5 facts:
- a) Adultery,
- b) unreasonable behaviour,
c )2 years separation with consent,
- d) 5 years separation; or
- e) desertion.
So if Kim is desperate to get the ball rolling there is going to be a difficult conversation about which fact to rely on. I don’t think Kim will struggle to evidence examples of why she feels the marriage has broken down, but it isn’t a great start to the process trying to agree the exact particulars of an unreasonable behaviour Petition.
Hopefully, for those of us in the real world this will change shortly when No Fault divorce is due to be rolled out in the Autumn 2021 here.
With difficult conversations needed between Kimye and their lawyers then it would be sensible for them to use the Collaborative Law process. The 2 lawyers would work through issues with key discussions taking place in an amicable manner around a table. With their carefully cultivated media personas both Kim and Kanye will want to retain as much control in their own affairs as possible and try and retain as much dignity as possible in what is undoubtably one of the most difficult situations you can find yourself in the collaborative process would be ideal.
Reports confirm that the world’s most famous couple will share custody of their 4 children. In Yorkshire, there would be no need to get the Courts involved. They automatically share parental responsibility, and the law encourages separating couples to reach an agreement without the involvement of Courts. If Kim suddenly realises that a child called North West in South Yorkshire is going to have her Potted beef and Hendos breadcake stolen at lunch, I am afraid she can’t change her name without Kanye’s consent.
Kanye famously sang, “we want pre-nup!” so it is safe to assume that that a comprehensive agreement was signed by the couple. In Yorkshire, pre-nups are not automatically legally binding but they will be upheld so long as they meet certain criteria. I’m assuming Kim came to see me before she married in Yorkshire so I am confident that the agreement will be upheld and they’ll both have to make do with their reported $2 billion pot.
So there we have it, the Yorkshire no nonsense approach to celebrity divorce. Somehow, I can’t see the tabloids liking this approach…
Joe Bartlett has been a family Solicitor for 18 years and is Head of the family department at Keebles and can be contacted at email@example.com or 0114 2765555 should you have any issues.