Hollywood Love Story Hits An Iceberg
The world of Hollywood has recently been rocked by the news that one of its strongest and most high-profile couples are to separate. Actress Kate Winslet and her film director husband Sam Mendes have been married since 2003 and have one son together, Joe who is 6 years old. Kate also has a daughter, Mia aged 9 years, from her first marriage to film director Jim Threapleton. On 15th March 2010 it was announced by Kate’s lawyer that the couple had actually separated several months ago.
In the world of Hollywood this split could clearly have repercussions of a professional nature, but from a personal point of view, Kate and Sam are just like any other couple facing divorce, in that they will now have to deal with the division of their assets and make ongoing arrangements for the care of their children.
The split has been announced to be mutual and amicable and that ‘both parties are fully committed to the future joint parenting of their children’. This of course is a very good start. The situation between this couple and their children is likely to be a complicated one. With them both working in the film industry, they will both spend periods of time working away on location. When this occurs it may not be as easy as before, to make arrangements for the children, particularly as Sam is not the natural father of Mia. They could face the problem that when Kate is away, it may be her wish that Sam cares for both children, but that this is no longer acceptable to Mia’s natural father. They will then have to deal with the potential problem of the siblings being separated, which is something that is rarely supported by any Court dealing with family breakdown.
It is hoped that if the couple are sincere in their stated wish to work together for the best interests of their children, that a mutually acceptable regime of shared care can be put into place. In order to discuss such an agreement, Sam and Kate might want to consider the possibility of Collaborative law to assist them in their discussions. This would ensure that both parties sat down with their lawyers and discussed matters via a 4-way meeting. Within this, although both lawyers are there to represent their clients, they are also briefed to work together in the hope of reaching an agreement which works for everyone involved. Further, should the talks break-down, both parties have to engage new lawyers to commence the Court process. The knowledge within the 4-way meetings, that you as a party, will never have to face your spouse’s lawyer across a courtroom, substantially assists with the ethos of the Collaborative process.
Once the issue of the children has been resolved Sam and Kate will then have to turn to discussions regarding the division of their £30 million matrimonial pot. It is rumoured that a large amount of the parties fortune lies with Kate, who is stated to be worth approx £20 million, whilst Sam is worth approx £10 million. There are also 2 properties, an eight-bedroom manor house in the Cotswolds worth £6 million and a triplex apartment in Manhattan worth in excess of £4 million. The parties have been married for approximately 6 and a half years to separation. However, their Cotswolds home was purchased in 2002 and therefore, it is likely that there will be a period of cohabitation prior to the marriage that will be also taken into account.
Potentially, a resolution of the financial side of this separation could be quite straight-forward. Both have worked and earned throughout the marriage and equally contributed. Further, as they have expressed a wish to share the care of their children, then it is likely that they will be looking at an equal division of their assets. There may be some argument on either side regarding pre-marital contributions, but it is likely that such arguments will be weakened due to the length of their relationship. Further, it is unlikely that Kate would successfully argue that she has made an exceptional contribution to the marriage and as such, should be awarded a higher share of the pot, as they are clearly both talented and successful professionals, who have both contributed to their wealth. This is also not likely to be a spousal maintenance case. It is reported that Kate earned between £2 – 3 million each for her 2 latest films and that Sam is due to earn in excess of £5 million for his latest film project and therefore, it is quite clear that each party is relatively equal in that respect.
One issue that may become relevant is the existence or not, of a pre-nuptial agreement. It is reported that the parties in fact married on a whim, whilst on holiday in Anguilla and therefore, the existence of such a document is unlikely. Further, as it would appear that they have instructed London based solicitors, rather than lawyers based in New York, this also does not suggest the existence of a pre-nup. If there were such an agreement, then it would make more sense for the parties to divorce in America, where such agreements are binding in law, as in the UK the same are not binding and simply can be taken into account by the Court should they exercise their discretion to do so. The fact that they own homes in both the UK and US means that they would have a choice of jurisdiction when they do eventually commence divorce proceedings.
As yet, the prospect of a divorce has not been mentioned. However, in view of the finality of the split it would appear that the same is inevitable. As for the reasons behind the breakdown of what appeared to be a very happy and successful partnership, it is rumoured that cracks began to appear when the parties worked together on the film Revolutionary Road. It would appear that such intensity was just too much for this star couple and like the subject of Kate’s most famous file Titanic, their marriage has now sunk without a trace.
Kirsty Morbey
Collaborative & Assistant Solicitor
0161 383 3651
k.a.morbey@rjw.co.uk
