On December 30, 2011 Russell Brand filed for divorce from pop icon, Katy Perry. After only 14 months of marriage Brand cited “irreconcilable differences” as the reason for the split. The couple married on October 23, 2010 in an extravagant ceremony in India. When the pending divorce caught the attention of the media Brand released the following statement: “Sadly, Katy and I are ending our marriage. I’ll always adore her and I know we’ll remain friends.” The divorce petition does not list a date of separation for the couple. However, it is undisputed that Perry earned approximately $44 million during their short marriage.
Once Russell filed for divorce, rumors swirled about whether the Hollywood couple had signed a premarital agreement. The Perry-Brand divorce was finalized on July 16, 2012 and it is clear that no premarital agreement was signed. The pair reached a marital settlement agreement in February; however, were required to wait the requisite six-month period before obtaining a legal divorce. In San Diego, there is a mandatory six-month period between the date of service of the divorce petition and the termination of marital status. Apparently the marriage happened so quickly that neither star had the time to consult an attorney before tying the not.
Under California community property laws, all property acquired by either spouse during the marriage but before the date of separation is community property. Each spouse is entitled to one-half of each community property asset upon divorce. Although the Perry-Brand date of separation is unknown, Perry earned $44 million of community property during the marriage. All earnings of either spouse during marriage are community property. With no premarital agreement, Brand would likely be awarded one-half of Perry’s earnings by a family court judge applying California community property laws. However, Perry and Brand negotiated their own marital settlement agreement.
In a San Diego divorce, the parties have the option to negotiate a settlement agreement. This gives both spouses an opportunity to suggest creative solutions and trade offers in order to come up with a mutually beneficial bargain. The court is limited in the orders it can make and settlement gives the parties more freedom and control to agree to a global settlement of all issues. Shockingly, Brand refused to accept his $22 million portion of Perry’s earnings. Neither party regrets their hasty marriage and would not enter into a premarital agreement if given a second chance. According to Perry, her and Brand trusted each other to be fair in the event of divorce and neither worried about reaching a settlement. Perry hopes to be an example to her fans and encourage them to reach peaceful solutions to problems and confront difficulties in life gracefully.
Please contact us if you are considering a divorce from your spouse, a legal separation, or have questions regarding child custody and visitation. Nancy J. Bickford is the only attorney in San Diego County representing clients in divorces, who is a Certified Family Law Specialist (CFLS) and who is actively licensed as a Certified Public Accountant (CPA). Don’t settle for less when determining your rights. Call 858-793-8884 in Del Mar, Carmel Valley, North County or San Diego.