In the news recently you will find coverage on Joe Jonas and Sophie Turner’s divorce. In this article, paralegal Mateo Pais-Pedret will provide a short description on the legal issues that not only affect Joe and Sophie, but many families when the parents decide to separate or divorce.
Custody
As of the 9th of October 2023, through mediation, Joe Jonas and Sophie Turner have agreed to a temporary child custody arrangement that will last until early 2024 which will see the daughters splitting their time between both parents’ respective locations (short-term Joint Residency agreement).
However, prior to this arrangement, Sophie had accused Joe of ‘wrongfully detaining’ their children from their ‘habitual home’ within the UK. A child is ‘wrongfully detained’ if they have been kept in a foreign country without the appropriate consent from both parents. Under the Child Abduction Act (CAA) 1984, it is a criminal offence to remove a child out of the UK without ‘appropriate consent’. Sophie claimed that the ‘habitual home’ of both children is in the UK. This means that Joe is legally obliged under UK law to return the children to the UK. Joe’s legal representatives argued that he was not in breach of CAA 1984 as the children were born in the USA and they had spent a larger part of their lives in the USA. By claiming this, Joe would no longer have ‘retained’ them from their ‘habitual home’ as claimed by Sophie, meaning that he would no longer be in breach of the CAA 1984.
Domestic Violence
Joe also claimed that Sophie had been an absent mother as she preferred to go out to parties rather than stay to look after the two daughters. Currently absenteeism does not officially count as domestic abuse, despite arguments being made towards its negative psychological effects on a child’s mental health. As such, Sophie would not be considered as having been abusive.
Officially, domestic violence (DV) is defined as, ‘any incident or patterns of incidents of controlling, threatening behaviour, violence, or abuse between … family members, (Qredible (2020)). In such cases, it is advised that the other parent and children seek legal assistance for protection, such as a Domestic Violence Protection Notice (DVPN) could be applied through the Magistrates’ Court which would prevent the abusive partner from contacting the family members for a minimum of 28 days. During this time a decision on child custody could be arranged.
Prenuptial Agreement and the Division of Assets**
It is known that Joe and Sophie have a prenuptial agreement (prenup). This is a ‘contract’ between two parties created before they “tied the knot”, which entails what will happen with the ownership of ‘assets’ in the event of a separation/divorce. For example, Joe and Sophie would have wanted to retain most of their individual wealth gained prior to their matrimony such as royalties from music or features in TV shows. However, the UK and USA Courts do not consider prenups as automatically binding. This means that Courts can disregard or make changes to provisions if they deem it necessary. Such changes usually relate to provisions involving children, particularly if they are unfair or discriminatory.
It is a common misconception that only the wealthy create prenuptial agreements. In truth anybody can get one if their intention is to retain their personal assets should they separate from a matrimony. Usually assets are placed into a ‘matrimonial pot’ to be shared with your partner. Thus, should the marriage end, that asset which was yours at the start can be claimed by your now ex-partner. If your objective is to keep said assts, you should take the steps highlighted by the Law Commission in ‘Matrimonial Property, Needs and Agreements’, if you want to make a valid prenuptial agreement.
In conclusion, the Turner separation is a multi-faceted and nuanced case which is made more complicated by the quantity of assets involved and the young age of the children. It will be the ambition of the Courts in both the UK and USA to keep the lives of the children as unaffected as possible. It must be made clear that Sophie has merely been accused of being absent by Joe and nothing further than that.
If you are going through a separation or divorce and require specialist advice, then please do not hesitate to call us on 020 3744 3800.