KATE PERRY AND RUSSELL BRAND DIVORCE IF IT WAS A FLINT DIVORCE WHAT WOULD THE LAW BE


AS KATE PERRY AND RUSSELL BRAND DID MOST COUPLES SEPARATE BEFORE FILING FOR DIVORCE

Katy Perry rang in the new year partying with a Russell Brand lookalike in Hollywood, a day after he filed for divorce, it has been claimed.[1]

Flint Divorce Attorney Terry Bankert ,(810) 235-1970, using recent events to demonstrate Michigan Divorce Law. If you have questions ask through http://www.atorneybankert.com

But her ( Katy Perry) estranged husband ( Russell Brand)was said to be holed up in his hotel room in London as the clock struck 12.[1]

Required Filings For a Michigan divorce without children, the initial filing must include
a summons;
the complaint for divorce;
the filing fee;
a record of divorce or annulment, filed at the time of entry of the judgment in some counties; and
if spousal support is requested, a verified statement (need not be filed with the court but must be served on the other party and provided to the Friend of the Court).[2]

MICHIGAN IS A NO FAULT DIVORCE STATE

Russell, 36, emerged today, looking extremely downbeat as he ran errands in the city.
He filed for divorce at a London law office on Friday and sent out a statement citing ‘irreconcilable differences’ as the reason for the split.[1]

Grounds for divorce in Michigan “[T]here has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.”[2]

The plaintiff may not include any other explanation of the grounds in the complaint. The defendant may admit or deny the grounds. The court may consider an admission but is not bound by it.[2]

IN MICHIGAN A SHORT TERM MARRIAGE WOULD SPLIT ONLY THE INCREASE IN VALUE OF THE MARITAL ESTATE

Russell is expected to receive a £20million divorce payout as the couple did not sign a pre-nup before their 2010 marriage in India.[2]

In Michigan Prenuptial agreements are called Ante-nuptial Agreements

An ante-nuptial agreement is a contract relating to property made between persons contemplating marriage. See MCL 557.28. It is used to vary or relinquish rights that parties would otherwise have acquired in each other’s property through marriage. These rights may be waived by a written contract, an agreement, or a waiver signed after full disclosure. MCL 700.2205.
To be enforceable, an antenuptial agreement must
be in writing and signed by the parties, MCL 566.132(1)(c);
be entered into voluntarily; without fraud, mistake, or duress; and with full disclosure; and
be fair and not unconscionable when executed, and circumstances must not have changed so much by the time of enforcement that its later enforcement would be unconscionable.[2]

Rinvelt v Rinvelt, 190 Mich App 372, 475 NW2d 478 (1991) (adopting Brooks v Brooks, 733 P2d 1044 (Alaska 1987)). To justify voiding a prenuptial agreement, a change in circumstance must be unforeseeable. Reed v Reed, 265 Mich App 131, 693 NW2d 825 (2005).
The long length of a marriage is not in itself an unforeseeable change of circumstances that would permit the non enforcement of an ante-nuptial agreement. Id. Further, if the clear language of the agreement envisioned that the parties would acquire substantial separate assets during the marriage, the fact that one party’s assets grew significantly more than the other party’s was not unforeseeable and, thus, not a change in circumstances requiring the court to void the agreement. Id.[2]

The marriage itself is sufficient consideration for the contract. Kennett v McKay, 336 Mich 28, 57 NW2d 316 (1953).[2]

General contract principles are used to interpret the agreement. In re Hepinstall’s Estate, 323 Mich 322, 35 NW2d 276 (1948).[2]

He is apparently in line for the huge lump sum in a 50/50 split of the couple’s earnings.[1]

Distinguishing Marital and Separate Property
A. Marital Property Defined

Marital property is property “accumulated through the joint efforts of the parties during their marriage.” Leverich v Leverich, 340 Mich 133, 137, 64 NW2d 567 (1954). It generally includes “any increase in net worth that may have occurred between the beginning and the end of the marriage.” Bone v Bone, 148 Mich App 834, 838, 385 NW2d 706 (1986). Where an asset is the separate property of one spouse, an increase in its value that occurred during the marriage is marital property if the increase reflects active involvement by one of the spouses, rather than its being purely passive appreciation. Reeves v Reeves, 226 Mich App 490, 493, 575 NW2d 1 (1997) (wholly passive appreciation, i.e., increase due solely to inflation, market appreciation, or accumulation of interest, in premarital real estate investment was not marital property).

Generally, marital property includes any assets earned up to the date of judgment (even if received after judgment). Byington v Byington, 224 Mich App 103, 114 n4, 568 NW2d 141 (1997) (rejecting language in Wilson v Wilson, 179 Mich App 519, 523, 446 NW2d 496 (1989), that held cutoff date could be whenever parties gave some “external public manifestation” of intent to lead separate lives). However, a spouse’s lack of contribution to postseparation earnings could result in a decision that the claimant has no right to share in those earnings. Byington, 224 Mich App at 112. Employment bonuses not earned during the marriage and based solely on the potential occurrence of future events unrelated to the marriage are not marital property. Skelly v Skelly, 286 Mich App 578, 780 NW2d 368 (2009).

Assets accumulated during a period of cohabitation before the marriage are not marital property. Reeves.

B. Separate Property Defined

Separate property is property that is not divisible on divorce absent special circumstances. See §§8.50–8.52 for a discussion of those special circumstances. Separate property typically includes the following:
Premarital property—property owned or earned before the marriage. Dart v Dart, 460 Mich 573, 597 NW2d 82 (1999), cert denied, 529 US 1018 (2000) (income from trust established before marriage); Reeves v Reeves, 226 Mich App 490, 575 NW2d 1 (1997) (real estate equity accumulated before marriage was husband’s property even though property was titled in both parties’ names); Booth v Booth, 194 Mich App 284, 486 NW2d 116 (1992) (premarital accumulations of retirement benefits).
Passive appreciation of separate property. Reeves v Reeves, 226 Mich App 490, 575 NW2d 1 (1997).
Assets gifted to or inherited by one party during the marriage—where the asset was given to one party alone and was not treated as a marital asset. See Dart (income from trust established before marriage); Van Tine v Van Tine, 348 Mich 189, 82 NW2d 486 (1957) (inheritance); Hanaway v Hanaway, 208 Mich App 278, 527 NW2d 792 (1995) (gift); Grotelueschen v Grotelueschen, 113 Mich App 395, 318 NW2d 227 (1982) (inheritance). See also cases regarding property inherited or gifted after filing. E.g., Polate v Polate, 331 Mich 652, 50 NW2d 190 (1951); Davey v Davey, 106 Mich App 579, 308 NW2d 468 (1981).
Pain and suffering awards. See Lee v Lee, 191 Mich App 73, 477 NW2d 429 (1991) (award for pain and suffering in accident settlement).[2]

EVEN FLINT MICHIGAN DIVORCING COUPLES ARE EXPECTED TO CONTINUE WORKING

According to Forbes Magazine, Katy is worth £28million, a fortune that industry insiders said has rocked recently to at least £45million due to her non-stop touring and commercial ventures.[1]

TIMES ARE CHANGING AND OFTEN THE WIFE IS THE PRINCIPAL BREADWINNER.

Russell, in contrast, has a net worth of about £11million from his stand-up tours and a string of movies including Get Him To The Greek and the remake of the Dudley Moore film Arthur.[1]
-END-
SOURCES
[1]
http://www.dailymail.co.uk/tvshowbiz/article-2081735/Katy-Perry-divorce-Singer-parties-Russell-Brand-lookalike-Hollywood.html?ito=feeds-newsxml
[2]
Michigan Family Law Benchbook ch 2 (ICLE 2d ed 2006), at http://www.icle.org/modules/books/chapter.aspx/?lib=family&book=2006553550&chapter=02
(last updated 12/16/2011).

Posted here by Flint Bankruptcy Attorney Terry Bankert 235-1970. See Http://www.attorneybankert.com

 

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