It is always upsetting when any couple split up but it must be even more difficult when you are Tom Cruise and Katie Holmes and your every move is documented in the press.
Katie reportedly served Tom with a divorce petition without warning whilst he was filming in Iceland and things seemingly did not get off to the best start. In this country we try to operate a Protocol which requires one party to a divorce to send a draft divorce petition and accompanying documentation to the other spouse for comment prior to issuing those divorce proceedings at court. This avoids any unnecessary acrimony in what is often already a tense situation.
Having had such a hostile start to their divorce process, it is to their credit that Tom and Katie then moved forward with the assistance of the lawyers to reach a very quick settlement on the financial issues and matters concerning their child. If reports are to be believed the settlement was reached within 4 weeks of the divorce petition being served. Quick work indeed!
But this route to settlement is always available to couples who separate. If a couple can negotiate a way forward, with the guidance of their legal representatives, then there is no reason why an agreement cannot be reached very quickly.
Usually there is a need for each party to disclose their financial positions (in a standard form) before each can sit down with the other spouse around a table with their legal representatives and negotiate an agreement. That agreement can then be immediately written up and implemented at the agreed point in time whether now or at some agreed time in the future.
Being able to cut through the emotion at such an early stage of separation like Tom and Katie were able to do, is not always possible for every couple. Being “emotionally ready” makes the negotiation process so much easier and cost effective and enables the parental relationship to be maintained as with Tom and Katie who have a six year old daughter.
You don’t very often hear people say “I had a good divorce” but there are as many people who get through the process well as there are those that don’t. Unfortunately it is usually those that don’t that make the headlines! Well done to Tom and Katie.Back to In The Press