Rapper, Kanye West is set to challenge his prenuptial agreement with estranged wife, Kim Kardashian in court, an apparent attempt to frustrate her efforts to have herself declared legally single.
According to a TMZ report on Tuesday, March 1, Kanye’s lawyers have filed legal documents arguing that all prenuptial agreements signed in California after 2002 are presumed to be invalid.
Kardashian, 41, will be asking a judge to declare her legally single on Wednesday, March 2, TMZ reported.
‘California premarital agreements entered on or after January 1, 2002, are presumptively invalid,’ West’s lawyers claimed in his filing.
‘The presumption of invalidity exists until rebutted at trial or the parties ratify the agreement. We are in the early stages of the case so no ratification has occurred.’
According to TMZ, California’s law requires one of the spouses to challenge the prenuptial agreement for it to be presumed invalid, but the Kanye, 44, has not yet done so.
If he were to do so, he would need to prove that the agreement was ‘unconscionable,’ meaning that it was too one-sided, or that either party didn’t agree to it voluntarily.
This will be hard to prove as Kanye West had a lawyer representing him when he signed the prenuptial agreement between him and Kim. Signing with a lawyer present suggests that his signature was voluntary.
The prenup contract also helps him to retain much of the wealth he has made from several hit albums and fashion deals while he was married to Kim Kardashian.
Kim previously filed documents claiming that his recent social media posts have been riddled with ‘misinformation,’ and she claimed their attacks on her and her boyfriend Pete Davidson have caused her ’emotional distress.’
‘I believe that the court terminating our marital status will help Kanye to accept that our marital relationship is over and to move forward on a better path which will assist us in peacefully co-parenting our children,’ Kardashian wrote in documents filed on February 23.
Kardashian is using Kanye’s social media posts as an argument for speeding up her transition to single status, but West’s attorneys said she would need to prove he had personally written the posts.
‘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.