Nicole Kidman and Keith Urban’s divorce came as a shock to many, but apparently, there’s a way that the actress could come out on top.
On 30 September, the 58-year-old filed for divorce from her spouse after petitioning to end the marriage in a Nashville court.
The pair share two teenage daughters and have been married for 19 years, having tied the knot in 2006.
Kidman’s court documents claimed the reason for the split was 'marital difficulties and irreconcilable differences' and included filings for a marriage dissolution and a childcare plan for the couple, which will require a judge’s approval.
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According to the documents, the Babygirl star will be the primary residential parent to their children, spending 306 days with them per year, while Urban will have them for 59 days.
David Glass, a family law specialist, told PEOPLE that there is a ‘worst case scenario’ and a ‘best’ case for Kidman.
For the ‘best’ scenario, Glass says Kidman could avoid having her information public for all to see if the couple does one thing.
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Obviously, most celebrities 'don't want people to know what's in their estate, where they're keeping their assets or even the size of their assets', he says, adding: "The disclosure of that information can all be avoided if the couple comes to a private settlement.”
The expert added that a 'confidential divorce settlement' would be 'the best possible result' for both of them.
"In most celebrity divorces that we've seen over the last five years, it seems that parties are saying they're separated, then they get their attorneys and they negotiate an overall deal behind the scenes without anyone knowing what's going on," he said.
Glass went on to share that if the details are agreed upon before filing for divorce, then Kidman and Urban can avoid filing their settlement agreement.
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"That's the way you keep your private life much more private,” he shared. “Once something is filed in the courthouse as part of a divorce, it's an open record for the public; anyone can look at it.”
As for the ‘worst’ scenario here, it’s the opposite- where people will know their private lives.
Glass said: “Whether it’s two people with ‘W2 jobs,’ a house, a car and a 401k, or it's celebrities with fancy jobs who are high earners, the worst case is if they go to court and someone is angry and feels like they have to make a point, or there's a principle that they have to stand behind.
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“People like that start putting a lot of things into affidavits and declarations, and they feel like they have to air their dirty laundry to show that they were the party who was right and the other party was wrong.”
And if they don't have a prenuptial agreement, then things could get even more complicated, as Glass further notes: "If they don’t have a prenuptial agreement, because Nicole has presumably made more money from her acting career, she would be sharing a larger portion of her money, could be asked to pay child support, and could even have to pay spousal support to him."
He adds that no prenuptial agreement could mean that 'every single asset that you've accumulated between the day that you got married and the day that you decided that you were not going to live together anymore'.
However, because of how they are, he said that more than likely, 'business managers and agents' would have been talking to them about getting a prenup, adding that it 'makes the process of dividing the 'marital' assets easier', so 'there's just not that much to argue about'.
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There's also the reported 'cocaine clause' which, if true, could see Urban get a substantial amount from Kidman.
Topics: Nicole Kidman, Keith Urban, Celebrity
Britt Jones