Kanye West, the rapper, is going to court to challenge his prenuptial agreement with Kim Kardashian, his former wife, in an apparent attempt to stymie her efforts to be proclaimed legally single.
Kanye’s lawyers have filed legal filings alleging that any prenuptial agreements made in California after 2002 are presumed to be void, according to a TMZ story on Tuesday, March 1.
On March 2, Kardashian, 41, will seek a judge to declare her legally single, according to TMZ.
West’s lawyers stated in his complaint that ‘California prenuptial agreements made on or after January 1, 2002 are presumptively invalid.’
‘Until the presumption of invalidity is rebutted at trial or the parties ratify the agreement, the presumption of invalidity exists.’ Because we are still in the early phases of the case, no ratification has occurred.
According to TMZ, California law requires one of the spouses to file a challenge to the prenuptial agreement before it can be declared invalid, but Kanye, 44, has yet to do so.
If he were to do so, he would have to show that the arrangement was ‘unconscionable,’ meaning that it was too one-sided or that neither party voluntarily agreed to it.
Kanye West had a lawyer representing him when he signed the prenuptial agreement between him and Kim, therefore this will be difficult to prove. His signature was presumably voluntary because he signed with a lawyer present.
While he was married to Kim Kardashian, the prenuptial agreement allowed him to keep most of the money he earned from many hit albums and fashion deals.
Kim earlier filed filings alleging that his recent social media posts were full of “misinformation” and that his attacks on her and her boyfriend Pete Davidson had caused her “emotional distress.”
‘I think that the court terminating our marital status will assist Kanye in accepting that our marriage is finished and moving forward on a better path that will assist us in amicably co-parenting our children,’ Kardashian wrote in court filings filed on February 23.
Kardashian is arguing that Kanye’s social media posts should be used to expedite her divorce, but West’s lawyers say she would have to prove he wrote the tweets himself.
‘Kim claims she read something online allegedly by Kanye and characterizes the posts in her declaration as misinformation. The social media posts are not attached to the declaration. Kim needed to offer the social media posts into evidence, and show that the posts were written by Kanye,’ his lawyers wrote, adding that Kardashian’s claims amount to ‘double hearsay.’
Although West’s attorneys appear to be raising doubts about whether he’s responsible for posts on his social media account, Kanye showed he was the one posting on his Instagram after he shared a photo of himself holding up a yellow notepad that read, ‘My account is not hacked,’ and the date, ‘ 2 13 22.’
TMZ say the musician has not been working closely with his legal team but he made it clear to his lawyers that he didn’t want to divorce Kim Kardashian, and told them to craft a legal strategy for him.
The hearing will be on Wednesday, March 2 although it’s unlikely Kim or Kanye will appear in court.