According to press reports, Berry herself was the one to file for divorce first, at the end of October. The actress used pseudonyms, Hal Maria for herself and Oliver Martin for her husband, presumably to avoid the inevitable attention of the media. Just a couple of days later, Martinez filed his own petition, followed shortly by yet another filing from Berry using their real names.

What does this all mean? Sources are claiming that it shows that Berry wants to be the petitioner in the case, to sue Martinez for divorce – which could lead to a potential battle in the courts. Following an incident at Los Angeles International Airport when Martinez allegedly assaulted an airport employee, speculation on the cause of the separation has centred on what People magazine called Martinez’s “definite anger management issues”. It has also been reported that the French actor was also unhappy living in Los Angeles, wanting to move his family to his native France.

When the couple announced the split, they made a joint statement saying:

“It is with a heavy heart that we have come to the decision to divorce. We move forward with love and respect for one another and the shared focus for what is best for our son.”

Earnings, child custody and pre-nup battles

There are several issues on the table during this incredibly high-profile divorce case, if recent press reports are to be believed, from matters of money and earnings to custody of their child, 2-year-old Maceo. It is claimed that X-Men and Monster’s Ball star Berry is insisting that her ex has no entitlement to a share in her earnings and assets acquired during their marriage, which lasted two years. This is believed to be in-line with the pre-nuptial agreement she and Martinez signed ahead of their wedding in 2013, but it could end up being disputed in the courts. On the other side of the battle, Martinez has allegedly said that he’d like to discuss issues of spousal support at a later time.

Berry is seeking to share custody of their son, as is her estranged husband. However, some reports suggest that the actress is requesting that Martinez seek permission if he wants to take the child out of California, where Berry lives.

Is a pre-nup worth it?

The number of tricky complications and issues in this divorce case suggests that a pre-nuptial agreement is not always the way to safeguard a future split.

For advice on pre-nuptial agreements and any other legal aspects of the divorce process – from child custody to disputes over earnings and assets – the smart choice is to consult an expert. The team at Tracey Miller specialise in divorce and family law, and have a wealth of experience and knowledge at your disposal.