Fans of supermodel Gisele Bündchen and star quarterback Tom Brady speculated for weeks about the couple's marriage amid rumors of trouble and possible separation. Much to the surprise of most, the supermodel and her athlete husband announced they were not planning to divorce but were already divorced! How did they get a quick divorce? Learn what factors most likely contributed to the couple's efficient marriage dissolution and if there was a prenuptial agreement present.
Brady and Bündchen filed for divorce in late October.
"The settlement is all worked out," a source close to the couple told People magazine. "They've been working on the terms this whole time."
Bündchen hired a divorce lawyer a few weeks prior, with Brady hiring his attorney almost immediately after his wife.
"He [Brady] doesn't want this to be ugly; he doesn't want to fight. If the divorce is happening — and it seems like it is — he wants it to go as smoothly as possible," the source noted.
Legal experts agree that the former super couple most likely had a solid prenuptial agreement in place detailing what would transpire in the event of a separation. The prenup between the couple is naturally private, though legal experts can speculate about what it contains. Since both parties are successful and wealthy in their rights, it is unlikely that either would go after the other's assets. The prenup might have included language, such as stating that both parties would retain the assets they acquired before and after the union.
Any marital property was likely easy for the couple to divide. Other states refer to this as “Community property” when referencing assets acquired during a marriage. Since both parties are independently wealthy, there was likely no need to fight over who gets what for financial security reasons. Many states follow equitable distribution rules; meaning assets are divided "fairly" between divorcing parties. However, this does not mean the assets are divided 50/50, as factors such as earning capacity and current health factor in.
In addition to following prenup guidelines, Brady and Bündchen agreed to joint custody of their two children. Brady also has a son from his previous relationship with actress Bridget Moynahan.
Do you have questions about prenuptial agreements and divorce in Georgia?
Call Attorney Sharon Jackson to discuss your situation today.
Both parties desiring the divorce to be as amicable as possible and agreeing to joint custody of the children helped expedite proceedings. Even if Brady did not want the divorce to happen, his wish for smooth proceedings and agreement to joint custody probably prevented him from contesting the divorce. The spouse filing for divorce must serve the petition to the other spouse, who has a specific number of days to contest.
This spouse might fight the divorce because they do not want to end the marriage or disagree about the division of assets or child custody. A contested divorce always takes longer, as months are spent exchanging information, documents, and evidence during a process referred to as “discovery.” Contested cases in Georgia usually take at least eight months. To finalize a contested case as a trial is needed for the judge to decide all issues that the parties do not agree on. Depending on how contentious the proceedings are, it can take several court hearings to finalize the divorce. This can sometimes include hiring mediators to streamline the issues that the judge needs to decide.
If a divorce is uncontested and both parties agree to all of the terms concerning assets, debts, and the children from the onset of the case, proceedings go smoothly and quickly. There is no need to have multiple meetings, hire mediators, or end up in court due to possibly untrue allegations.
A prenuptial agreement is invaluable for a couple if they decide to divorce. It contributes to a quick divorce by protecting both parties regarding important issues, such as child custody and the merging and division of assets. A prenup is also valuable in terms of reputation protection. For example, the prenuptial agreement between Brady and Bündchen could include stipulations about making statements to the press. Neither party is allowed to say inflammatory things about the other that could result in reputation damage and defamation claims.
Prenups are allowed in Georgia, though the couple must create the document before getting married. All documents are signed in the presence of an attorney and two witnesses using ink pens. The couple files the prenup with the appropriate court three months later to make it valid.
If either party seeking a divorce in a Georgia court does not contest the filing, the proceedings can go quickly. An uncontested divorce is granted in the Peach State following a 30-day waiting period after the initial filing. With everyone signing the paperwork quickly and cooperating fully, you can have your divorce finalized within 45 to 60 days, without ever having to appear in court, if you hire the right attorney. And while most uncontested divorces in Georgia take two to four months to be finalized, a contested divorce can take several years. will take a minimum of eight months for the minimum exchange of information and court lines but can last over a year.
Should you wish to divorce your spouse and live in Georgia, contact Attorney Sharon Jackson. This talented, experienced legal professional handles divorces and other family law cases with the dedication, compassion, and attention to detail she is known for. She also assists with drafting prenup and postnup agreements, with the latter agreement created after the couple says, "I do." It is otherwise the same as a prenup. Call our office at 678-436-3636, or complete our contact form to schedule a consultation today.