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For their ports turner isn't tensile town this weekend after the surprising split him one of Hollywood's most high profile couple Tom Cruise and Katie Holmes.
They're already lawyering up homes -- attorneys say that they have facing cruises cooperation.
But they say that they have to be ready for any legal risky business.
Tamara holder is -- defense attorney and fox -- legal analyst and Joey Jackson is also a defense attorney and matrimonial.
And family law attorney as well thanks for joining us.
And -- there.
So -- I'm gonna start with you -- Tom Cruise he took the lead in his first two divorces but this time in its Katie Holmes who has filed first of what does that mean.
It happens from time to time it means that's that he was blind sided -- because he's -- -- in Scientology's and apparently he's really immersed himself and it.
And I guess there is some dispute as to whether or not that is the appropriate -- for the -- to be indoctrinated and and my understanding is is as a result of his insistence that the child -- -- sensitive sock I don't know I guess they have a program where which he would be a way he would be with other children.
I think that was a bit of a source of concern for the mother and as a result of it she filed for divorce in an effort to thwart.
The child series being sent there.
And -- she's filed in New York what does that mean.
While that's because she wants.
First of all I think primary custody here in New York reports are that she moved into a into a new unit or apartment here in New York.
And she wants to make sure that.
Files here and files here first so that if Tom Cruise -- apparently rumor has it he's going to file in California in May -- the jurisdiction.
Will prevail here because I think before there's dispute over.
The custody they're first going to have to decide.
Where exactly this divorce is going to be heard because they do have a residence in -- as well.
But in the meantime I think what the judge will most likely do is -- and some some kind of temporary.
Order preventing mr.
From taking the child into this like.
That matrimony -- -- you are.
SEC you -- organization is the name of the school let that -- what -- six years old -- she'd be taken away.
And I sent to this in depth Scientology's school so Joey what does this mean for Scientology's what do you think outcome will be for them after all that.
Hello ultimately what will happen as is that listen that their obligation of course is -- to do what they do and that is to promote their faith and so I guess encourage people to stay involved in it.
However you know they'll be on the outskirts of this I think they'll they will run -- sent it to be the centerpiece of this whole thing because I think that's with a dispute really emanates from whether or not it's in her best interest that is series to be a part of this so whether it's not I think by filing here I think -- raises a very legitimate point and that is there will be some type of injunction -- -- the child will not go.
Pending a resolution of what is in series' best interest by the judge and that will be determined of course by a big long drawn out hearing -- it comes -- that.
But -- -- you -- -- you bring up a really interesting point about Scientology's itself of course.
-- you know there's there's this weirdness.
Aspect that the common American me think about.
But the courts really generally are not supposed to.
Make decisions based on.
Whether one religion whether it's Judaism and christianity are Mormon is I'm more or science psychology is right or wrong -- and so there is that separation that the courts are going to have to make sure it.
To keep -- so let me be on psychology and the custody for little -- -- must talk about money -- -- there's a lot of money that all of on here.
There is apparently pre nup and Katie Holmes gets at least what five million dollars for every year marriage and so that would be fifteen at this point.
Five years and we expect to happen.
They're -- well ultimately what happens is you know it's interesting how we always talk about prenuptial agreements and let's send what's the good of a contract if it's not enforceable the pre nup of the contract the only time it wouldn't be enforceable -- as if it was unconscionable that time it was entered into inside and that pre nuptial agreement really addresses -- should address a couple of things the one thing it should -- -- who gets -- and as you mentioned I think it's three million for every year marriage.
It's six years of marriage so it's about eighteen million dollars it should address the distribution of property and other issues pride than having entered into their marriage and it should also address the choice of law meaning even -- what's file that is the divorce in New York the pre nuptial agreement could address what the applicable rules of law will apply to the dissolution of this whole relationship it's rare what do you think.
While the other thing is that that three point out of it's unconscionable but also.
Whether or not -- side issues and some she was put into their -- which she entered into this contract and I highly doubt that she's going to be allegation which -- eighteen million dollars he's jumping on couches they'll combine it was -- relationship now they have -- candidate at that time I'm sure she's just gonna be happy to take that don't yet have done and he'll be jumping on -- This time -- -- -- on -- -- we appreciate it what happens.
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