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Weinstein divorce shows how prenups can affect settlements

| Jan 17, 2018 | Blog |

You might be one of many Washington residents following news headlines and updates regarding former Hollywood studio executive Harvey Weinstein’s divorce. If you also happen to be considering or preparing for divorce proceedings, there are several factors in the Weinstein/Chapman situation that may be relevant to your particular circumstances. In Weinstein’s case, extenuating circumstances and criminal allegations, as well as prenuptial agreements, are significantly influencing his divorce settlement.

Your marriage was unique; therefore, so will your divorce be as no two relationships or divorces are exactly the same. However, you can often look at other people’s experiences and learn from them, especially when it comes to trying to gauge how things might play out in court in your own divorce. Beyond that, your chances of obtaining a fair and agreeable outcome may hinge on how familiar you are with your own rights, state laws, and whether you retain experienced legal representation before heading to court.

Major issues in Weinstein divorce that may apply to your situation:

Hollywood celebrities, such as Harvey Weinstein and Georgina Chapman, often face added challenges in divorce because their lives are essentially fishbowls and the general public is often aware of intensely personal information. Your own divorce may not make national news, but you may be able to relate to some of the following factors that have affected the Weinstein/Chapman settlement:

  • Prenuptial agreement: Weinstein and Chapman apparently signed a prenuptial agreement before they were wed. Such contracts most often impact property division proceedings in divorce. In Weinstein’s case, the agreement he signed specifies that he will pay more money if, at the time of a divorce, he was married 10 years or more. It’s wise to carefully review a prenuptial agreement if you have one to avoid negative surprises when it comes time to settle your divorce.
  • Child custody: In Weinstein’s case, there are two children involved with the wife he is currently divorcing. (He also has children from a previous marriage.) If your divorce involves children, developing an agreeable parenting plan may be your highest priority.
  • Child support: The court ultimately determines whether someone will pay child support, who it will be, how much and when.
  • Allegations of abuse or criminal charges: If your situation includes accusations of substance abuse, physical abuse or there are extenuating circumstances involving criminal charges of some sort, this will greatly impact your divorce proceedings. Many say criminal allegations against Weinstein are a central focus of his divorce.

Divorce is definitely not a one-size-fits-all process. It is a situation that involves intimate relationships, emotions and, often, complex issues that require intense negotiation and compromise to achieve a satisfactory settlement. You can, perhaps, benefit from the experiences of those who have trod the path before you.

Many Washington spouses choose to rely on family law attorneys to guide them because they often have extensive experience overcoming various types of obstacles that can arise in divorce.