Leading Family Lawyer Comments On Peter And Katie Divorce

Family Lawyer

08.09.2009

A leading family lawyer says the situation in which Katie Price (Jordan) and Peter Andre have both filed for divorce, each blaming the other for the collapse of their marriage, will have no impact on the outcome.

Martin Loxley, national Head of Family Law at Irwin Mitchell Solicitors said: "This is an unusual situation because which spouse files for divorce makes no difference to the important matters of children or financial arrangements. Who divorces who will not change any future situation resulting from the divorce.

"It is sometimes simply a matter of pride for one spouse to obtain a divorce against the other."

It is widely reported Peter had insisted on a pre-nuptial agreement before they wed but this could be challenged in court as they have since had two children together changing their situation significantly.

Loxley said: "There are three clauses that could be included within the pre-nuptial agreement. If the couple has children, as is the case here, it could be declared void; it could say it needs to be re-negotiated; or it could set out new terms that are activated in this situation.

"Although pre-nuptial agreements are not legally binding, judges are increasingly giving more weight to properly drawn up and negotiated pre-nuptial agreements. This is because so many people who have been divorced feel the process is unfair. An agreement fairly reached by the couple before they tie the knot, whilst not the most romantic notion, gives them control and avoids a potentially lengthy argument."

The couple, who met on reality television show I'm A Celebrity... Get Me Out Of Here! are said to be worth £30million, and announced plans to go their separate ways in May following months of speculation about the state of their marriage.

After the hearing today the pair will have a six week 'cooling off period' to change their minds before a decree absolute is granted by the Family Division of the High Court in London.

They have two children Junior, aged four, and Princess, aged 15 months. Price also has a seven-year-old disabled son Harvey from a previous relationship.