Although the 44-year-old rapper signed the agreement in 2014, he asked that the prenup not be enforced after the Keeping Up With the Kardashians cast member, 41, mentioned the agreement in her recent request to be deemed legally single.
“California premarital agreements entered on or after January 1, 2002, are presumptively invalid,” Kanye’s attorney wrote in newly-filed court documents, according to Radar Online. “[The] presumption of invalidity exists until rebutted at trial or the parties ratify the agreement.”
Kim signed the prenuptial agreement on March 16, 2014 and Kanye signed days later. At the time, the now-estranged couple had been living together for about a year and shared just one child, daughter North, now 8.
“Kim was fully supporting herself at the time she began dating Kanye and is fully self-supporting as of the date of this Agreement,” the report explained, noting that Kim’s listed earnings for the years of 2011 and 2012 were $9.1 million and $8.4 million, respectively.
As for Kanye, he made $1.9 million and $4.6 million for the same years, respectively, and they each owned their own homes.
As Kanye drags his feet and refuses to settle their divorce, Kim has pointed out that their prenup agreement is crystal clear, noting that they should each keep the separate earnings they made during marriage, and retain the property they purchased separately.
As they entered into marriage, Kim and Kanye agreed they would reside in her $9 million home in Los Angeles and use his condo in NYC during trips to the city. It was also agreed upon that Kanye would put $1.6 million towards renovations at Kim’s home, and that Kim would reimburse him for doing so.
Throughout their marriage, Kim and Kanye were expected to pay their own mortgages.
The deal also said “nothing contained in this Agreement shall be constructed as absolving either Party of the statutory obligation to support any child or children of the Parties. In the event of a separation or marriage dissolution, such’s Party’s obligations to support any child of the Parties shall be determined and governed under the law of the State of California.”
According to a second report from TMZ, insiders have revealed that seemingly on the heels of his request to have his prenup thrown out, Kanye cut ties with his attorney, Chris Melcher, following a slew of communication issues and frustrations over Kanye going back and forth between wanting to fight and wanting to settle with Kim.
After firing Chris, Kanye hired Samantha Spector, the attorney who represented Nicole Young in her $100 million divorce from Dr. Dre. Kim, meanwhile, is repped by Laura Wasser, who coincidentally represented Dr. Dre. amid the battle.
Kim and Kanye are expected to handle issues pertaining to child support and spousal support at some point in the future.
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