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The Sunday Times Rich List estimated the couple’s joint fortune at £300 million, but the vast majority is thought to stem from the singer’s long recording career. Madonna could seek to rely upon arguing that much of her fortune was acquired before the marriage. The parties could then look at dividing simply the assets acquired during the marriage. Previously, wealthy celebrities may have sought to rely upon the "millionaire's defence" and argue that assets over and above reasonable needs should be kept separate. Recent case law means that this argument is now more unlikely to succeed.
There is much speculation as to whether Madonna and Guy Ritchie will become the first celebrity couple to 'publicly' divorce using a collaborative approach. Rumours say that the split could lead to a record payout of more than £100 million to Guy Ritchie. The couple want a settlement by Christmas, which may mean a deal being agreed out of court within weeks and a consent order being approved by a judge within a few days (dependent upon the progression of the divorce suit). The collaborative approach would also bring them privacy rather than battling the divorce out in the Courts 'McCartney/Mills style'.
Carla Hull, Family Law expert from Birmingham, is a qualified collaborative lawyer. She explains, "Each client appoints a qualified collaborative solicitor for the purpose of advising, negotiating and assisting in problem-solving. Instead of entering into long trails of correspondence and preparation of documents for court, couples are invited to a series of four-way, round table meetings with their lawyers, and other specialist advisers if required. At these sessions, all the options available to both parties are explored and examined, and an agreement is shaped to meet their particular needs and circumstances and to help the family make a smooth transition into their new life."
"Collaborative family law combines mediation techniques with the opportunity for individual legal advocacy and counsel, as well as conflict management and guidance. Couples remain in control of the process throughout and, if negotiations do breakdown, they still have an option to appoint new lawyers and opt for the litigation route."
With London now being recognised as the divorce capital of the world, Ritchie could obtain the biggest deal here, if the couple agree to divorce through the English legal system.
Carla Hull advises as to jurisdictional issues in Family Law proceedings and says, "The basis for deciding which country the case should be heard depends on the country of birth, or the country of residence. The parties can agree where to hold the case but, clearly, in cases like this there is the potential for conflict."
For further advice, see www.carlahull.com or telephone 0845 466 4333.
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