When Katie Holmes filed for divorce from Tom Cruise, it was speculated that it would be a bi-coastal affair filled with drama that could feed the media for a 6-month minimum. Instead, TomKat surprised us all and boarded the express train to dissolution and ended their marriage in 11 days.
It would not be easy – or even possible to replicate that speed even in the best of situations for the average divorce. Before you call your divorce attorney and request an express divorce – keep in mind TomKat’s parting of the ways did not actually happen in just 264 hours.
The reality is preparation was done well in advance of the filing for divorce. Katie Holmes, undoubtedly with the assistance of her divorce attorney father, strategically and thoughtfully orchestrated the inception of the divorce. Her swift and seemingly flawless execution implied that this was no quick decision. Also, if there was trouble in the marriage, it would not be unreasonable to assume that Tom Cruise also had his team of legal experts waiting by the bat phone. Who could forget Tom’s previous unceremonious, blindsided dumping of second wife Nicole Kidman?
In addition, it was reported that Tom and Katie utilized a prenuptial agreement – which would have already addressed their division of property and spousal support in the event of a divorce. Although prenups can be contested, most courts view them as extremely persuasive. A major issue surrounding their divorce seemed to be the custody and the religious education of daughter Suri. Prenuptial agreements however, cannot govern issues surrounding child custody or parental visitation in regard to children of the marriage. Instead, the court applies the standard of what is in the best interests of the child. In the case of TomKat – it is probable that their motivation to a quick resolution of the divorce matters was to avoid public scrutiny.
No one likes having their dirty laundry aired – but especially not people whose careers depend on public perception and really – adoration. The public will likely never know what the settlement provided. The terms of the agreement are private.
Although countless divorce litigants would be quick to sign up for an express divorce – there are significant issues that need to be resolved in a divorce and faster is not always better. A settlement works best if both the parties are willing to follow the terms. How good was the TomKat divorce settlement? Only time will tell.
If you have questions about prenuptial agreements or reviewing your own prenuptial agreement, please feel free to call or email me to discuss further.
Michael C. Craven is a well-known divorce attorney in Chicago, CPA and a partner of the law firm, Beermann Pritikin Mirabelli Swerdlove LLP. (Formerly of Beermann, now a Partner at Harrison LLP) located in the Chicago area. He is highly respected among other divorce attorneys, judges and his clients. He also holds a Master of Tax Law Degree (LLM). For more information about his services, contact Michael at mcraven@harrisonheld.com or at Divorce Lawyers Chicago
