Monday, 2 July 2012

Claws being sharpened in TomKat Divorce

According to media reports battlelines are already being drawn by Tom Cruise and Katie Holmes just days after she began divorce proceedings to bring an end to their five year marriage.

Katie has filed her papers in New York but Tom's lawyers it is alleged are going to argue that the divorce should take place in the Californian courts which is where the couple have had their main family base.

The Mission Impossible star's divorce solicitors it seems believe that the Californian family law courts are more likely to agree that he should have joint custody of Suri, the parties daughter, than those in New York. It is reported that Katie is seeking sole custody as she does not want Suri to be raised as a Scientologist, the religion to which Tom is devoted.

The place where divorce proceedings begin can have a huge impact on the outcome not only of arrangements for children but also on the financial divorce settlement.

Under English law both parents, if they have parental responsibility, are entitled to have a say in how a child is brought up, which includes their religious upbringing. This can lead to conflict and ultimately the family law courts can be asked to decide.

Hopefully for Suri's sake TomKat will be able to agree arrangements amicably. There are many alternatives to court to reach a divorce settlement. The signs, however, don't currently look good.

For more divorce advice read our family law blog or follow us on Twitter @Divorce_experts.


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