Halle Berry is probably well-known to Colorado movie fans. The actress was in the news recently after she filed for divorce from her husband – twice. Berry filed an initial petition under the alias “Hal Maria” and later filed a second, identical petition except that it used her real name. To further complicate matters, her husband, Oliver Martinez, also filed his own divorce petition the same week.
Berry and Martinez have a 2-year-old son together. They have each requested joint custody. In her petition, Berry requests that Martinez be prohibited from taking the child to his native France without her permission.
News reports indicate that Berry’s petition makes reference to a prenuptial agreement, which bars any claim by Martinez to any of her assets or earnings. As long as each party made a full and complete disclosure of their assets prior to signing the agreement, and as long as it was not signed under duress, it will probably be upheld by the court. However, child support cannot be waived in a prenuptial agreement. The court will make a child support determination based on the income of both spouses.
Divorce and any child custody issues that the process may include can be extremely stressful. Everyone wants the best for their children, but the legalities can be complicated and be difficult to navigate alone. Seeking the assistance of an experienced attorney can help those in such situations form a strong plan of action, hopefully resulting in an optimal outcome that benefits the children involved.
Source: People.com, “Inside Halle Berry and Olivier Martinez’s Divorce: Her Alias, His Temper, and Their Race to Court,” Michael Miller, Oct. 28, 2015