West v. West
West v. West
West v. West
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8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
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11 In re the Marriage of ) CASE NO. 21STFL01626
)
12 Petitioner: KIMBERLY ) [Assigned to Dept. 63, Hon. Steven Cochran]
KARDASHIAN WEST )
13 ) PETITIONER’S REPLY MEMORANDUM OF
and ) POINTS AND AUTHORITIES IN SUPPORT
14 ) OF REQUEST FOR STATUS ONLY
) BIFURCATED JUDGMENT;
15 ) DECLARATIONS; EXHIBITS
Respondent: KANYE WEST )
16 ) Date: March 2, 2022
) Time: 8:30 a.m.
17 ) Place: 63
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2 as community property 2) and (2) that all of Ms. Kardashian’s and all of Mr. West’s earnings,
3 compensation and income during the marriage shall each be their respective separate property. The
4 parties also expressly waived all Family Code Section 2640 reimbursement claims (except for two
5 specified reimbursement rights)3 and they agreed that in the absence of a written Separate Property
7 Mr. West’s counsel represented to Ms. Kardashian’s counsel in writing in October 2021 that
8 to their knowledge, Mr. West has “no issue” with the validity of the Prenuptial Agreement, stating:
“I can assure you that, as far as we know, we know of no issue that our client has
9 regarding the validity of the PNA. So, there is nothing for us to say in that regard. But,
10 as you also know, we face challenges in communicating with our client – and the
validity of the prenup (with all of its related legal implications) is a heavy issue to
11 broach. If the goal is to obtain a status-only judgment expeditiously, I suggest that we
do what we can to minimize the need for legal explication. Removing paragraph D
12 accomplishes that. We can still bifurcate status and ratify the prenup later.”
13 No additional conditions are necessary to “protect” Mr. West’s property interests because there
14 is nothing to protect. There is no community property. There are no jointly titled assets.4 Ms.
15 Kardashian’s assets, all titled in her name or in the name of her revocable and irrevocable trusts and
16 entities, are her separate property, as agreed by the parties in their Prenuptial Agreement. The same is
17 true for Mr. West’s assets. Mr. West does not deny any of this in his responsive papers. In short, the
18 notion that he needs “protection” beyond the ATROs or statutory conditions while “all property issues
19 are resolved” is unsupported by any evidence and flies in the face of the parties’ Prenuptial Agreement.
20 Mr. West’s counsel’s bold statement that the parties’ Prenuptial Agreement is irrelevant does
21 not make it so, nor does Mr. West or his counsel explain why this is so. The legislative purpose of the
22 Family Code Section 2337 conditions is to protect a spouse who does not have access to and/or
23 knowledge of the assets and property held in the marital estate during their marriage and to ensure that
24 no financially adverse consequence will result from the early termination of the marital status. Those
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The Prenuptial Agreement states that the only form of community property that can be created is if the parties purchase
26 real property in joint name as community property. This never happened.
3
The only reimbursement rights not waived were capital expenditures for jointly owned real property, of which there is
27 none, and capital expenditures, if any, regarding one piece of real property Ms. Kardashian owned at marriage.
4
They have one joint checking account that was used to pay for certain common living expenses and the children’s
28 expenses. Per the Prenuptial Agreement, all monies deposited by each into that bank account remain her/his separate
property. Upon divorce, the funds are to be distributed pro-rata based on their separate property contributions.
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MARRIAGE OF WEST MEMORANDUM OF POINTS AND AUTHORITIES
L.A.S.C. CASE NO. 21STFL01626 PA.Reply.docx
1 concerns are not present here. Both parties entered the marriage with vast separate property estates.
2 Throughout the marriage, they maintained the separate property nature of their estates in accordance
3 with their Prenuptial Agreement. They are both independently wealthy. They kept their finances
4 separate. They did not jointly acquire any assets during marriage. They filed separate income tax
5 returns during marriage. They each had separate business managers, tax preparers, estate attorneys,
6 and business attorneys. The parties already negotiated and agreed upon the character of assets and
7 debts acquired during marriage, agreeing to keep their finances and estates separate, when they entered
8 into their Prenuptial Agreement in May 2014. This is the status quo.
9 Consistent with the Prenuptial Agreement, in Ms. Kardashian’s Petition for Dissolution of
10 Marriage and in Mr. West’s Response, each requested that the Court terminate the ability of either
11 party to receive spousal support5 and, both requested that the Court order that each party pay their own
13 It is black letter law that only “slight evidence” is necessary to obtain bifurcation whereas a
14 “spouse opposing bifurcation must present compelling reasons for denial.” Gionis v. Superior Court
15 (1988) 202 Cal.App.3d 786, 790. “Society will be little concerned if the parties engage in property
16 litigation of however long duration; it will be much concerned if two people are forced to remain
17 legally bound to one another where status can do nothing but engender additional bitterness and
19 It is Mr. West’s “bitterness and unhappiness” that Ms. Kardashian seeks relief from. Ms.
20 Kardashian has met her burden. Mr. West has not. Mr. West submitted no declaration explaining why
21 the Court should not enter the Status-Only Judgment or providing the Court with any reason why his
22 additional, non-statutory conditions are necessary. Mr. West does not dispute the enforceability of the
23 parties’ Prenuptial Agreement. Mr. West does not assert that any community property was created
24 during the marriage, let alone that any community property or rights need to be protected beyond what
26 Ms. Kardashian acknowledges that the Court has the discretion to impose the statutory
27 conditions listed in the Family Code to the extent it deems them necessary. Ms. Kardashian has agreed
28 5
See Section 13 of the Prenuptial Agreement, Ex. 2.
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MARRIAGE OF WEST MEMORANDUM OF POINTS AND AUTHORITIES
L.A.S.C. CASE NO. 21STFL01626 PA.Reply.docx
1 to six of those statutory conditions. Ms. Kardashian has complied with Family Code Section 2337.
2 She served her Preliminary Declaration of Disclosure in compliance with Family Code Sections 2337
3 and 2104. Mr. West has failed and refused to serve his Preliminary Declaration of Disclosure. Ms.
4 Kardashian respectfully requests that her RFO be granted and status be terminated in accordance with
5 Exhibit 1 hereto.
6 II. MR. WEST HAS FAILED TO MEET THE COMPELLING EVIDENCE STANDARD
7 AND HAS FAILED TO MAKE ANY SHOWING OF PREJUDICE THAT WOULD RESULT
8 FROM THE ENTRY OF A STATUS-ONLY JUDGMENT
9 Mr. West offers no “compelling reasons” why the statutory conditions and ATROs do not offer
10 him sufficient “protection” pending resolution of the divorce. Here, there is nothing to protect given
11 the parties each have substantial separate property estates and no community property assets or debts.
12 This leads to the conclusion that Mr. West’s opposition to Ms. Kardashian’s request to be restored to
13 the status of a single person has little, if anything, to do with the propriety or sufficiency of the
14 approved conditions and everything to do with the fact that he does not want their marriage to end.
15 A. Mr. West’s Argument Regarding Proposed Orders for Ms. Kardashian’s
16 Retirement Plans is an Incorrect Statement of the Law.
17 Mr. West argues that because Ms. Kardashian did not provide additional proposed orders
18 regarding her retirement plans, bifurcation of status should be denied. His position is an incorrect
19 reading of the Judicial Council forms and Family Code Section 2337(d)(2). The order is contained in
20 the Judicial Council Form FL-347 itself. Family Code Section 2337(d)(2) states:
To preserve the claims of each spouse in all retirement plan benefits upon entry of
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judgment granting a dissolution of the status of the marriage, the court shall enter one
22 of the following in connection with the judgment for each retirement plan in which
either party is a participant: … (B) An interim order preserving the nonemployee party's
23 right to retirement plan benefits, including survivor and death benefits, pending entry
of judgment on all remaining issues (emphasis added).
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Form FL-347 corresponds with Family Code Section 2337(d)(2) and states:
25 THE COURT ORDERS: 3(a) To preserve the claims of each party in all retirement
26 plan benefits on entry of judgment granting a dissolution of the status of the marriage
or domestic partnership, the court makes one of the following orders for each
27 retirement plan in which either party is a participant: … (2) An interim order preserving
the nonemployee party's right to retirement plan benefits, including survivor and death
28 benefits, pending entry of judgment on all remaining issues. … (emphasis added).
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MARRIAGE OF WEST MEMORANDUM OF POINTS AND AUTHORITIES
L.A.S.C. CASE NO. 21STFL01626 PA.Reply.docx
1 to six of those statutory conditions. Ms. Kardashian has complied with Family Code Section 2337.
2 She served her Preliminary Declaration of Disclosure in compliance with Family Code Sections 2337
3 and 2104. Mr. West has failed and refused to serve his Preliminary Declaration of Disclosure. Ms.
4 Kardashian respectfully requests that her RFO be granted and status be terminated in accordance with
5 Exhibit 1 hereto.
6 II. MR. WEST HAS FAILED TO MEET THE COMPELLING EVIDENCE STANDARD
7 AND HAS FAILED TO MAKE ANY SHOWING OF PREJUDICE THAT WOULD RESULT
8 FROM THE ENTRY OF A STATUS-ONLY JUDGMENT
9 Mr. West offers no “compelling reasons” why the statutory conditions and ATROs do not offer
10 him sufficient “protection” pending resolution of the divorce. Here, there is nothing to protect given
11 the parties each have substantial separate property estates and no community property assets or debts.
12 This leads to the conclusion that Mr. West’s opposition to Ms. Kardashian’s request to be restored to
13 the status of a single person has little, if anything, to do with the propriety or sufficiency of the
14 approved conditions and everything to do with the fact that he does not want their marriage to end.
15 A. Mr. West’s Argument Regarding Proposed Orders for Ms. Kardashian’s
16 Retirement Plans is an Incorrect Statement of the Law.
17 Mr. West argues that because Ms. Kardashian did not provide additional proposed orders
18 regarding her retirement plans, bifurcation of status should be denied. His position is an incorrect
19 reading of the Judicial Council forms and Family Code Section 2337(d)(2). The order is contained in
20 the Judicial Council Form FL-347 itself. Family Code Section 2337(d)(2) states:
To preserve the claims of each spouse in all retirement plan benefits upon entry of
21
judgment granting a dissolution of the status of the marriage, the court shall enter one
22 of the following in connection with the judgment for each retirement plan in which
either party is a participant: … (B) An interim order preserving the nonemployee party's
23 right to retirement plan benefits, including survivor and death benefits, pending entry
of judgment on all remaining issues (emphasis added).
24
Form FL-347 corresponds with Family Code Section 2337(d)(2) and states:
25 THE COURT ORDERS: 3(a) To preserve the claims of each party in all retirement
26 plan benefits on entry of judgment granting a dissolution of the status of the marriage
or domestic partnership, the court makes one of the following orders for each
27 retirement plan in which either party is a participant: … (2) An interim order preserving
the nonemployee party's right to retirement plan benefits, including survivor and death
28 benefits, pending entry of judgment on all remaining issues. … (emphasis added).
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MARRIAGE OF WEST MEMORANDUM OF POINTS AND AUTHORITIES
L.A.S.C. CASE NO. 21STFL01626 PA.Reply.docx
1 Further, pursuant to the parties’ Prenuptial Agreement, Ms. Kardashian and Mr. West each
2 released, disclaimed, waived and relinquished all rights, claims or interests in the right to claim any
3 interest in property that is the subject of a non-probate transfer on death (Prenuptial Agreement, Ex.
4 2, Section 18.2(K).) In short, there is no compelling reason to impose this condition, nor has Mr. West
5 identified any actual harm that could possibly occur if the Court does not impose this condition given
6 the community has no interest in Ms. Kardashian’s assets and given both parties have already
7 contractually waived and released any right to claim any interest in any property that is the subject of
8 a non-probate transfer on death.
9 Family Code Section 2337 (c)(8) states:
In order to preserve the ability of the party to defer the distribution of the Individual
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Retirement Account or annuity (IRA) established under Section 408 or 408A of the
11 Internal Revenue Code of 1986, as amended, (IRC) upon the death of the other party,
the court may require that one-half, or all upon a showing of good cause, of the
12 community interest in any IRA, by or for the benefit of the party, be assigned and
transferred to the other party pursuant to Section 408(d)(6) of the Internal Revenue
13 Code. This paragraph does not limit the power granted pursuant to subdivision (g).
14 Mr. West argues that an order preserving “the community interest in any IRAs” is necessary.
15 But there is no community property interest in any IRA. Mr. West does not claim there is. The parties’
16 Prenuptial Agreement makes this abundantly clear:
17 “Kim and Kanye covenant and agree that any and all contributions by either Party
before or during the Parties' marriage to existing and/or future profit sharing plans,
18 pensions, IRAs, Keogh plans, and/or any other type of retirement plans or accounts, or
combinations thereof ("Retirement Plans"), plus any appreciation thereon, whether or
19 not arising out of or funded by either Party's separate property and whether or not
arising out of services performed during marriage, shall be that Party's sole and separate
20 property and the non-contributing Party and community waive any interest therein.
21 Each Party's interest as a participant in any Retirement Plans with respect to
contributions made before or during the Parties' marriage shall be the separate property
22 of that Party. Each Party shall have the sole right to select the form of benefits and
beneficiaries of all Retirement Plans. Each Party agrees that once they are married, they
23 will each execute any and all consents and other documents reasonably required to
permit the non-contributing Party to waive the right to receive qualified benefits and
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for the contributing Party to select beneficiaries that do not include the other Party.
25 Each Party acknowledges and understands that the effect of such consent is to waive
and forfeit any spousal rights that she or he otherwise may have obtained in the other’s
26 Retirement Plans.” (Prenuptial Agreement, Ex. 2, Sections 6.8.)
27 Ms. Kardashian and Mr. West already contractually agreed that all pensions, retirement plans
28 and IRAs, including all contributions to same before and during their marriage, would remain their
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MARRIAGE OF WEST MEMORANDUM OF POINTS AND AUTHORITIES
L.A.S.C. CASE NO. 21STFL01626 PA.Reply.docx
1 separate property. Mr. West does not dispute this now. Mr. West asserts this condition should be
2 imposed “to maintain the parties’ financial status quo until all property issues have been resolved.”
3 The status quo is that Ms. Kardashian’s IRA is her separate property.
4 C. The Three Non-Statutory Conditions Mr. West Demands as a Condition of
5 Bifurcation Are Not “Just and Equitable” and Are Prejudicial to Ms. Kardashian.
6 Mr. West requests the Court impose three non-statutory conditions. None are just and
7 equitable. Mr. West provides no factual basis demonstrating why these non-statutory additional
8 conditions are necessary or just. This is not an extraordinary case requiring special conditions. Not
9 only do the conditions Mr. West demands go beyond what was contemplated by the Legislature, but
10 to allow them under the guise of Section 2337(c)(10) would serve to undermine the public policy in
11 favor of granting status-only judgments. The only thing that makes this case out of the ordinary is that
12 arguably no Section 2337 conditions are necessary to protect them and their estate because these
13 parties have already contracted that there is no community estate to divide.
14 1. Mr. West’s Family Code Section 2640 Reimbursement Condition.
15 Mr. West asks the Court to condition bifurcation on preserving his Section 2640 right of
16 reimbursement in the event either party dies before final judgment is rendered. The parties’ rights of
17 reimbursement -- and waiver of same -- are set forth in their Prenuptial Agreement. That Agreement
18 is valid and enforceable and remains in full force and effect despite entry of a status only judgment.
19 No “condition” is necessary. As set forth in their Prenuptial Agreement, with one exception related to
20 a piece of real property Ms. Kardashian owned before marriage, the parties expressly waived all rights
21 to any Section 2640 reimbursement claims unless they entered into a written Separate Property
22 Reimbursement Agreement. ((Prenuptial Agreement, Ex. 2, Section 6.5(d).6) There is no outstanding
23 Separate Property Reimbursement Agreement. In short, no right of reimbursement condition is
24 required because the Prenuptial Agreement already defines those reimbursement rights in detail.
25 2. Mr. West’s “No Transfers of Assets Out of Trust” or “Receipt of Benefits
26 from Trusts” by Ms. Kardashian Condition.
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The only other reimbursement right not waived in the Prenuptial Agreement pertained to real property jointly acquired
28 by the parties as community property during marriage. No real property was jointly acquired during the marriage. Mr.
West does not claim otherwise.
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MARRIAGE OF WEST MEMORANDUM OF POINTS AND AUTHORITIES
L.A.S.C. CASE NO. 21STFL01626 PA.Reply.docx
1 Mr. West asserts that it “is not an extravagant request” to restrain Ms. Kardashian during the
2 pendency of this action from transferring any assets out of any trust and requiring her to “defer receipt
3 of any benefits or rights that occurs under a trust” as a result of status being terminated. In actuality,
4 this is an extravagantly overbroad and utterly prejudicial request that goes far beyond what the ATROS
5 provide, which violates the express terms of the Prenuptial Agreement and which, if granted, would
6 preclude Ms. Kardashian from conducting business, paying her bills and managing her financial affairs
8 The Court should reject this non-statutory condition for all of the foregoing reasons.
9 First, as Mr. West knows full well, because this is detailed in Ms. Kardashian’s Preliminary
10 Declaration of Disclosure served last year, Ms. Kardashian owns multiple parcels of real property in
11 trusts, holds title to her various checking and brokerage accounts in trusts, holds substantial insurance
12 assets in an irrevocable insurance trust, and owns significant business interests in revocable and
13 irrevocable trusts (all of which revocable trusts are 100% in her name and of which she is the sole
14 trustor).7 All of the assets in the revocable trusts and all of the income therefrom are Ms. Kardashian’s
15 separate property. Mr. West does not claim otherwise. The Prenuptial Agreement so provides. If Ms.
16 Kardashian was now precluded from transferring “any asset” out of any trusts and if she was required
17 to “defer receipt” of any benefits under her trusts until there is a final judgment, she would be
18 effectively precluded from conducting business, taking revenues into income and otherwise paying
19 her personal and business obligations and bills. This would be an outlandish and prejudicial result.
20 Second, Mr. West cites no authority sanctioning such an overbroad and unprecedented
22 Third, this condition goes far beyond the scope of the ATROs, which permits parties to make
23 transfers in the ordinary course of business and for the necessities of life. This condition is absolute
24 on its face. It precludes all transfers out of any trust, no matter the purpose, necessity, or reason.
25 Fourth, Mr. West makes no showing that any asset in any of Ms. Kardashian’s trusts is
26 community property or that the community has any interest in same. Mr. West does not because there
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Notably, Mr. West’s condition does not distinguish between revocable and irrevocable trusts, which only makes the
28 condition more onerous and inequitable since Mr. West has no ownership interest in assets placed by Ms. Kardashian in
irrevocable trusts.
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MARRIAGE OF WEST MEMORANDUM OF POINTS AND AUTHORITIES
L.A.S.C. CASE NO. 21STFL01626 PA.Reply.docx
1 Mr. West that the statutory marital privileges are somehow less important than any parenting issues
3 Clearly, the Legislature did not see the necessity of including the forced waiver of marital
4 privileges as a condition to terminating marital status. That there may be minor children and may be
5 “parenting” issues in a dissolution action is certainly not a unique circumstance. Custody issues could
6 be present in every case where a court terminates marital status of a party with minor children. The
7 Legislature set forth a number of specific conditions courts may impose in granting bifurcation. The
8 fact that the Legislature did not include waiver of marital privileges upon remarriage as a condition is
9 a very good indication that the Legislature would not consider such conditions to be “just and
10 equitable,” absent a showing distinguishing this case from every other case involving bifurcation and
11 minor children. Mr. West fails to assert why this dissolution case is different from all other cases where
12 a court terminates the parties’ marital status prior to resolution of all other issues, including custody.
13 Finally, Mr. West is requesting that the Court make orders affecting a third party (some
14 possible future spouse) who is not before this Court. Mr. West cites this Court to no authority that
15 authorizes a court to require the waiver of marital privileges of a person not a party to the action and
16 without notice to same. To order Ms. Kardashian as a condition of remarriage to obtain a waiver of all
17 marital privileges under Evidence Code Sections 970, 971 and 980 is an unwarranted intrusion of Ms.
19 III. CONCLUSION
20 Petitioner respectfully requests that the Court terminate the parties’ marital status, subject to
21 the conditions set forth on Exhibit 1 hereto, or upon such other conditions that the Court finds are just
22 and equitable.
3 Clearly, the Legislature did not see the necessity of including the forced waiver of marital
4 privileges as a condition to terminating marital status. That there may be minor children and may be
5 “parenting” issues in a dissolution action is certainly not a unique circumstance. Custody issues could
6 be present in every case where a court terminates marital status of a party with minor children. The
7 Legislature set forth a number of specific conditions courts may impose in granting bifurcation. The
8 fact that the Legislature did not include waiver of marital privileges upon remarriage as a condition is
9 a very good indication that the Legislature would not consider such conditions to be “just and
10 equitable,” absent a showing distinguishing this case from every other case involving bifurcation and
11 minor children. Mr. West fails to assert why this dissolution case is different from all other cases where
12 a court terminates the parties’ marital status prior to resolution of all other issues, including custody.
13 Finally, Mr. West is requesting that the Court make orders affecting a third party (some
14 possible future spouse) who is not before this Court. Mr. West cites this Court to no authority that
15 authorizes a court to require the waiver of marital privileges of a person not a party to the action and
16 without notice to same. To order Ms. Kardashian as a condition of remarriage to obtain a waiver of all
17 marital privileges under Evidence Code Sections 970, 971 and 980 is an unwarranted intrusion of Ms.
19 III. CONCLUSION
20 Petitioner respectfully requests that the Court terminate the parties’ marital status, subject to
21 the conditions set forth on Exhibit 1 hereto, or upon such other conditions that the Court finds are just
22 and equitable.
3 1. I am the Petitioner in this matter. I have personal knowledge of the following facts,
4 and if called upon, I could and would testify competently under oath thereto.
6 bifurcating and terminating the status of my marriage to Respondent Kanye West (hereafter
7 “Kanye”).
8 3. I very much desire to be divorced. I have asked Kanye to keep our divorce private,
9 but he has not done so. Kanye has been putting a lot of misinformation regarding our private family
10 matters and co-parenting on social media which has created emotional distress. I believe that the
11 Court terminating our marital status will help Kanye to accept that our marital relationship is over
12 and to move forward on a better path which will assist us in peacefully co-parenting our children.
13 4. Before we married, in May 2014 Kanye and I entered into a prenuptial agreement.
14 We were both represented by our own counsel in connection with the negotiation and execution of
15 our Prenuptial Agreement. (A true and correct copy of our Prenuptial Agreement is attached hereto
16 and marked as Exhibit 2.) I have redacted the financial statements attached as Exhibits A and B to
17 our Prenuptial Agreement in order to protect my and Kanye’s financial privacy interests.
18 5. Both Kanye and I came into the marriage with significant separate property estates.
19 We each wanted to protect our premarital assets and the earnings from those assets and any
20 appreciation in the value of our premarital assets during our marriage. Our Prenuptial Agreement so
21 recites.
22 6. Kanye and I also discussed and agreed that during our marriage that his earnings,
23 compensation and income would remain his separate property and that my earnings, compensation
24 and income would remain my separate property. Our Prenuptial Agreement memorializes this
25 agreement.
26 7. Kanye and I also agreed that during our marriage that all assets and property that I
27 acquired would be my separate property and that assets and property he acquired would be his
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MARRIAGE OF WEST DECLARATION OF KIMBERLY KARDASHIAN WEST
L.A.S.C. CASE NO. 21STFL01626 Dec.KKW.Reply.docx
1 separate property, with one exception. Section 7.8 of our Prenuptial Agreement states that if Kanye
2 and I purchase real property during our marriage and take title to the property in our joint names as
3 community property, we agree that the property will be characterized as community property.
4 Kanye and I never acquired any real property jointly titled in both our names as community property
6 8. Kanye and I have no community property or debts. We did not jointly acquire any
7 assets or property during our marriage. Assets I acquired are in my name, the name of my trusts or in
8 the name of businesses that I own. Pursuant to our Prenuptial Agreement, those assets are my
9 separate property. Assets that Kanye acquired during our marriage are in his name, his trusts or in
10 the name of businesses that he owns. Those assets are Kanye’s separate property under our
11 Prenuptial Agreement. Our “status quo” now and throughout our marriage is that his assets and
12 debts are his separate property and my assets and debts are my separate property. There is no
15 9. We also expressly waived all Family Code Section 2640 reimbursement claims
16 (except for two specified reimbursement rights1) and agreed that in the absence of a written Separate
17 Property Reimbursement Agreement (the form of which is Exhibit C to our Prenuptial Agreement),
18 any separate property contributions made by either Kanye or me to the other’s separate property
21 10. Since entering into our Prenuptial Agreement in May 2014, Kanye and I have lived
22 by the terms of our Prenuptial Agreement and our desire to keep our financial affairs and business
23 interests separate. We did not create any community property during our marriage. During our
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The only reimbursement rights not waived by Kanye and me were capital expenditures for jointly owned
real property, of which there is none, and capital expenditures, if any, regarding one piece of real property I
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owned at marriage.
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MARRIAGE OF WEST DECLARATION OF KIMBERLY KARDASHIAN WEST
L.A.S.C. CASE NO. 21STFL01626 Dec.KKW.Reply.docx
1 13. While I wish our marriage would have succeeded, I have come to the realization that
2 there is no way to repair our marriage. Kanye does not agree but at least it appears that he has come
3 to the realization that I want to end our marriage, even if he does not. I ask that the Court restore me
4 to the status of a single person so that I can begin the healing process and so that our family can
5 begin the healing process and move forward in this new chapter in our lives.
6 I declare under penalty of perjury under the laws of the State of California that the foregoing
7 is true and correct. Executed the 23nd day of February 2022, at Milan, Italy.
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______________________________
9 KIMBERLY KARDASHIAN WEST
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MARRIAGE OF WEST DECLARATION OF KIMBERLY KARDASHIAN WEST
L.A.S.C. CASE NO. 21STFL01626 Dec.KKW.Reply.docx
1 13. While I wish our marriage would have succeeded, I have come to the realization that
2 there is no way to repair our marriage. Kanye does not agree but at least it appears that he has come
3 to the realization that I want to end our marriage, even if he does not. I ask that the Court restore me
4 to the status of a single person so that I can begin the healing process and so that our family can
5 begin the healing process and move forward in this new chapter in our lives.
6 I declare under penalty of perjury under the laws of the State of California that the foregoing
7 is true and correct. Executed the 23nd day of February 2022, at Milan, Italy.
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______________________________
9 KIMBERLY KARDASHIAN WEST
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MARRIAGE OF WEST DECLARATION OF KIMBERLY KARDASHIAN WEST
L.A.S.C. CASE NO. 21STFL01626 Dec.KKW.Reply.docx
DECLARATION OF
LAURA A. WASSER, ESQ.
1 DECLARATION OF LAURA A. WASSER, ESQ.
3 1. I am an attorney at law duly licensed to practice before all courts of the State of
4 California, and am a partner at Wasser, Cooperman & Mandles, P.C., attorneys of record for Petitioner
5 Kimberly Kardashian. I have personal knowledge of the following facts, and if called as a witness, I
7 2. I submit this Declaration in support of Ms. Kardashian’s Reply to her Request for Order
9 3. Our office has attempted to resolve the issue of terminating the parties’ marital status
10 since October 2021. Even after we filed the instant motion, we continued to meet and confer with
11 opposing counsel. Ms. Kardashian has even agreed to include additional statutory provisions not
12 previously contained in her proposed Status-Only Judgment (namely inclusion of retirement plans) in
13 an effort to settle this matter out of court. However, every time we agree to include an additional
15 4. To move this matter forward, Ms. Kardashian has agreed to revise the FL-347 form to
16 include a list of her separate property retirement plans and has agreed that all Family Code Section
17 2337 conditions will be imposed on her unilateral instead of mutually on both parties as originally
18 requested in her moving papers. Attached hereto as Exhibit 1 is the amended Status-Only Judgment
19 with the agreed to revisions that Ms. Kardashian now requests the Court enter.
20 5. Furthermore, we have provided opposing counsel with all of the documents they have
21 requested in connection with Ms. Kardashian’ Preliminary Declaration of Disclosure. To date, Mr.
22 West has not served his Preliminary Declaration of Disclosure, which is now long overdue.
23 6. Ironically, it was opposing counsel who first reached out to our office regarding
25 7. On October 18, 2021, Christopher Melcher, Esq., counsel for Mr. West, emailed our
26 office stating, “I heard there’s an interest in a status-only judgment? Steve and I are available to
27 discuss.” I responded that we were drafting the Status-Only Judgment (A true and correct copy of the
28 email chain between opposing counsel and our office is attached hereto and marked as Exhibit 3.
-1-
MARRIAGE OF WEST DECLARATION OF LAURA A. WASSER
L.A.S.C. CASE NO. 21STFL01626 Dec.LAW.Reply.docx
1 Please note, this email chain has been broken up and attached as Exhibits 3-7 for ease of reading and
3 8. The following day, our office sent opposing counsel the Status-Only Judgment for their
4 review and comment. In our proposed Status-Only Judgment, we checked six of the listed conditions
5 on FL-347 and asked that they be applied to each party mutually. We did not request that the Court
6 impose the conditions listed at 5.g. and 5.h because we did not believe they were applicable in this
7 case. We also included an attachment to the Status-Only Judgment that confirmed that the parties
8 entered into a valid and enforceable prenuptial agreement. (A true and correct copy of the proposed
10 9. The next day, October 20, 2021, opposing counsel sent our office their substantive
11 comments to the Status-Only Judgment. One of the requested changes was as follows: “At page 1,
12 lines 17-28, paragraph D, please delete. This paragraph discusses the parties’ PMA and various
13 agreements/documents they’ve signed (at least one of which we do not have). For purposes of a status-
14 only judgment, it is not necessary to ratify everything at this time. We just want to do the bare
15 minimum to get the parties divorced.” Additionally, given that the parties had not exchanged
16 Preliminary Declarations of Disclosure at this time and were stipulating to a later service date,
17 opposing counsel asked that we inform them of any retirement plans that Ms. Kardashian had. (A true
18 and correct copy of opposing counsel’s email is attached hereto and marked as Exhibit 5.)
19 10. That same day, I responded to opposing counsel that we would make these changes. I
20 also informed opposing counsel that the only requested change we saw as problematic was the
21 ratification of the parties’ prenuptial agreement. I advised that if Mr. West had an issue with the
22 validity of the prenuptial agreement, we would like to know now. (A true and correct copy of the
23 email chain with opposing counsel is attached hereto and marked as Exhibit 6.)
24 11. That same day, opposing counsel responded as follows: “I can assure you that, as far
25 as we know, we know of no issue that our client has regarding the validity of the PNA. So, there
26 is nothing for us to say in that regard. . . . If the goal is to obtain a status-only judgment expeditiously,
27 I suggest that we do what we can to minimize the need for legal explication. Removing paragraph D
28 accomplishes that. We can still bifurcate status and ratify the prenup later.” (See Exhibit 6.)
-2-
MARRIAGE OF WEST DECLARATION OF LAURA A. WASSER
L.A.S.C. CASE NO. 21STFL01626 Dec.LAW.Reply.docx
1 Please note, this email chain has been broken up and attached as Exhibits 3-7 for ease of reading and
3 8. The following day, our office sent opposing counsel the Status-Only Judgment for their
4 review and comment. In our proposed Status-Only Judgment, we checked six of the listed conditions
5 on FL-347 and asked that they be applied to each party mutually. We did not request that the Court
6 impose the conditions listed at 5.g. and 5.h because we did not believe they were applicable in this
7 case. We also included an attachment to the Status-Only Judgment that confirmed that the parties
8 entered into a valid and enforceable prenuptial agreement. (A true and correct copy of the proposed
10 9. The next day, October 20, 2021, opposing counsel sent our office their substantive
11 comments to the Status-Only Judgment. One of the requested changes was as follows: “At page 1,
12 lines 17-28, paragraph D, please delete. This paragraph discusses the parties’ PMA and various
13 agreements/documents they’ve signed (at least one of which we do not have). For purposes of a status-
14 only judgment, it is not necessary to ratify everything at this time. We just want to do the bare
15 minimum to get the parties divorced.” Additionally, given that the parties had not exchanged
16 Preliminary Declarations of Disclosure at this time and were stipulating to a later service date,
17 opposing counsel asked that we inform them of any retirement plans that Ms. Kardashian had. (A true
18 and correct copy of opposing counsel’s email is attached hereto and marked as Exhibit 5.)
19 10. That same day, I responded to opposing counsel that we would make these changes. I
20 also informed opposing counsel that the only requested change we saw as problematic was the
21 ratification of the parties’ prenuptial agreement. I advised that if Mr. West had an issue with the
22 validity of the prenuptial agreement, we would like to know now. (A true and correct copy of the
23 email chain with opposing counsel is attached hereto and marked as Exhibit 6.)
24 11. That same day, opposing counsel responded as follows: “I can assure you that, as far
25 as we know, we know of no issue that our client has regarding the validity of the PNA. So, there
26 is nothing for us to say in that regard. . . . If the goal is to obtain a status-only judgment expeditiously,
27 I suggest that we do what we can to minimize the need for legal explication. Removing paragraph D
28 accomplishes that. We can still bifurcate status and ratify the prenup later.” (See Exhibit 6.)
-2-
MARRIAGE OF WEST DECLARATION OF LAURA A. WASSER
L.A.S.C. CASE NO. 21STFL01626 Dec.LAW.Reply.docx
1 conditions that were requested were mutually applied to both parties. I responded the following day,
2 informing opposing counsel that we agreed to move forward with the stipulated Status-Only Judgment.
3 (A true and correct copy of the email chain is attached hereto and marked as Exhibit 9.)
4 18. We never received the stipulated Status-Only Judgment executed by Mr. West.
5 19. On January 18, 2022, after having a phone call with Mr. Melcher, our office sent him
6 an email asking that he provide our office with a list of any administrative/procedural issues or
8 20. As stated in the Declaration of Cynthia Ponce, Esq., included in Mr. West’s Response,
9 our office received a letter from opposing counsel addressing “procedural issues” that they had with
10 our proposed Status-Only Judgment. The issues addressed in the letter had never been raised by
11 opposing counsel previously. In an effort to compromise and hopefully resolve all issues related to the
12 Status-Only Judgment, we agreed to make all of their requested changes, despite the fact that it was
13 our position that none of them applied in this matter. However, even after we made all the requested
14 changes, we received another letter from opposing counsel requesting additional, non-statutory
15 conditions that went far beyond what is standard and necessary. It became apparent that there would
18 herewith, Ms. Kardashian does not agree with Mr. West’s position that her motion must be denied
19 because she did not provide additional proposed orders regarding her retirement plans. While Ms.
20 Kardashian maintains her position that Mr. West’s assertion is an incorrect reading of the Judicial
21 Council forms and Family Code Section 2337(d)(2) and that the order is already contained in the FL-
22 347 form itself, in the event that the Court believes additional orders are necessary, attached hereto as
23 Exhibit 10 is Ms. Kardashian’s proposed additional order for Section 3.a.2 of the FL-347 form.
24 I declare under penalty of perjury under the laws of the State of California that the foregoing
25 is true and correct. Executed the 23rd day of February, 2022, at Los Angeles, California.
26 ______________________________
27 LAURA A. WASSER, ESQ.
Attorney for Petitioner
28 KIMBERLY KARDASHIAN WEST
-4-
MARRIAGE OF WEST DECLARATION OF LAURA A. WASSER
L.A.S.C. CASE NO. 21STFL01626 Dec.LAW.Reply.docx
EXHIBIT 1
FL-170
PARTY WITHOUT ATTORNEY OR ATTORNEY STATE BAR NUMBER: FOR COURT USE ONLY
E-MAIL ADDRESS:
Page 1 of 3
Form Approved for Mandatory Use DECLARATION FOR DEFAULT OR UNCONTESTED Family Code, § 2336
Judicial Council of California www.courts.ca.gov
FL-170 [Rev. January 17, 2020] DISSOLUTION OR LEGAL SEPARATION
(Family Law) WEST, KIMBERLY KARDASHIAN
FL-170
PETITIONER: KIMBERLY KARDASHIAN WEST CASE NUMBER:
Petitioner Respondent is presently receiving public assistance, and all support should be made payable
to the local child support agency at the address set forth in the proposed judgment. A representative of the local child
support agency has signed the proposed judgment.
8. Spousal, Partner, and Family Support (If a support order or attorney fees are requested, submit a completed Income and
Expense Declaration (form FL-150) unless a current form is on file. Include your best estimate of the other party’s income.
Check at least one of the following.)
a. I knowingly give up forever any right to receive spousal or partner support.
b. I ask the court to reserve jurisdiction to award spousal or partner support in the future to:
Petitioner Respondent
c. I ask the court to terminate forever spousal or partner support for: Petitioner Respondent
d. Spousal support or domestic partner support should be ordered as set forth in the proposed Judgment (form FL-180)
based on the factors described in:
Spousal or Partner Support Declaration Attachment (form FL-157)
written agreement
attached declaration (Attachment 8d)
e. Family support should be ordered as set forth in the proposed Judgment (form FL-180).
f. Other (specify):
FL-170 [Rev. January 17, 2020] DECLARATION FOR DEFAULT OR UNCONTESTED Page 2 of 3
DISSOLUTION OR LEGAL SEPARATION
WEST, KIMBERLY KARDASHIAN
(Family Law)
FL-170
PETITIONER: KIMBERLY KARDASHIAN WEST CASE NUMBER:
11. The judgment should be entered nunc pro tunc for the following reasons (specify):
12. X Petitioner Respondent requests restoration of the former name as set forth in the proposed Judgment (form FL-180)
(proceedings for dissolution or nullity of marriage only).
13. Irreconcilable differences have led to the irremediable breakdown of the marriage or domestic partnership, and there is no
possibility of saving the marriage or domestic partnership through counseling or other means.
14. This declaration may be reviewed by a commissioner sitting as a temporary judge, who may determine whether to grant this
request or require my appearance under Family Code section 2336.
16. I ask that the court grant the request for a judgment of dissolution of marriage or domestic partnership based on irreconcilable
differences and that the court make the orders set forth in the proposed Judgment (form FL-180) submitted with this declaration.
17.
X Status only judgment: This declaration is only for the termination of marital or domestic partner status. I ask the court to
reserve jurisdiction over all other issues not requested in this declaration for later determination.
I understand that a judgment of legal separation does not terminate a marriage or domestic partnership, and that I am
still married or a partner in a domestic partnership.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: 01.23.22
FL-170 [Rev. January 17, 2020] DECLARATION FOR DEFAULT OR UNCONTESTED Page 3 of 3
DISSOLUTION OR LEGAL SEPARATION
(Family Law) WEST, KIMBERLY KARDASHIAN
)/
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LAURA A. WASSER, ESQ. 173740/ ASHLEY L. MONTGOMERY, ESQ. 291762
Wasser, Cooperman & Mandles, P.C.
2049 Century Park East, Suite 800
Los Angeles, CA 90067
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WEST, KIMBERLY KARDASHIAN
FL-347
PETITIONER: KIMBERLY KARDASHIAN WEST CASE NUMBER:
21STFL01626
RESPONDENT: KANYE WEST
1. A preliminary declaration of disclosure with a completed schedule of assets and debts and income and expense declaration has
been served on the nonmoving party, or the parties have stipulated in writing to defer service of the preliminary declaration of
disclosure until a later time.
2. Each retirement or pension plan of the parties has been joined as a party to the proceeding for dissolution unless joinder is
precluded or made unnecessary by applicable law.
3. a. To preserve the claims of each party in all retirement plan benefits on entry of judgment granting a dissolution of the status of
the marriage or domestic partnership, the court makes one of the following orders for each retirement plan in which either party
is a participant:
(1) A final domestic relations order or qualified domestic relations order under Family Code section 2610 disposing of each
party's interest in retirement plan benefits, including survivor and death benefits.
(2) An interim order preserving the nonemployee party's right to retirement plan benefits, including survivor and death benefits,
pending entry of judgment on all remaining issues.
(3) A provisional order on Pension Benefits—Attachment to Judgment (form FL-348) incorporated as an attachment to the
judgment of dissolution of the status of marriage or domestic partnership (Judgment (Family Law) (form FL-180)). This
order provisionally awards to each party a one-half interest in all retirement benefits attributable to employment during the
marriage or domestic partnership.
4. Jurisdiction is reserved for later determination of all other pending issues in this case.
5. The court makes the following additional orders as conditions for granting the severance on the issue of dissolution of the status of
marriage or domestic partnership. In the case of the moving party's death, the order continues to be binding on that moving party's
estate and will be enforceable against any asset, including the proceeds thereof, to the same extent that these obligations would
have been enforceable before the person's death.
a.
X Division of property
The X petitioner respondent must indemnify and hold the other party harmless from any X taxes,
X reassessments, X interest, and
X penalties payable by the other party in connection with the division of the
community estate that would not have been payable if the parties were still married or domestic partners at the time the division
was made.
Page 1 of 3
Form Adopted for Mandatory Use BIFURCATION OF STATUS OF MARRIAGE Family Code, §§ 2337, 2610;
Judicial Council of California Probate Code, §§ 160 et seq., 5000 et seq.
FL-347 [January 1, 2018] OR DOMESTIC PARTNERSHIP - ATTACHMENT www.courts.ca.gov
21STFL01626
RESPONDENT: KANYE WEST
5. b.
X Health insurance
Until judgment has been entered on all remaining issues and has become final, the
X petitioner respondent
must maintain all existing health and medical insurance coverage for the other party, and that party must also maintain any
minor children as named dependents, as long as that party is eligible to do so. If at any time during this period the
X petitioner respondent is not eligible to maintain that coverage, that party must, at his or her sole expense,
provide and maintain health and medical insurance coverage that is comparable to the existing health and medical insurance
coverage to the extent it is available.
If that coverage is not available, the X petitioner respondent is responsible for paying the health and medical
care for the other party and the minor children to the extent that care would have been covered by the existing insurance
coverage but for the dissolution of marital status or domestic partnership, and will otherwise indemnify and hold the other party
harmless from any adverse consequences resulting from the loss or reduction of the existing coverage. "Health and medical
insurance coverage" includes any coverage under any group or individual health or other medical plan, fund, policy, or program.
c.
X Probate homestead
Until judgment has been entered on all remaining issues and has become final, the X petitioner respondent
must indemnify and hold the other party harmless from any adverse consequences to the other party if the bifurcation results in
a termination of the other party's right to a probate homestead in the residence in which the other party resides at the time the
severance is granted.
d.
X Probate family allowance
Until judgment has been entered on all remaining issues and has become final, the X petitioner respondent
must indemnify and hold the other party harmless from any adverse consequences to the other party if the bifurcation results in
the loss of the rights of the other party to a probate family allowance as the surviving spouse or surviving domestic partner.
e.
X Retirement benefits
Except for any retirement plan, fund, or arrangement identified in any order issued and attached as set out in paragraph 3, until
judgment has been entered on all remaining issues and has become final, the
X petitioner respondent must
indemnify and hold the other party harmless from any adverse consequences to the other party if the bifurcation results in the
loss of the other party's rights with respect to any retirement, survivor, or deferred compensation benefits under any plan, fund,
or arrangement, or to any elections or options associated with them, to the extent that the other party would have been entitled
to those benefits or elections as the spouse or surviving spouse or the domestic partner or surviving domestic partner of the
moving party.
f.
X Social security benefits
The moving party must indemnify and hold the other party harmless from any adverse consequences if the bifurcation results in
the loss of rights to social security benefits or elections to the extent the other party would have been entitled to those benefits
or elections as the surviving spouse or surviving domestic partner of the moving party.
21STFL01626
RESPONDENT: KANYE WEST
WARNING: Judgment (Family Law) (form FL-180) (status only) must be completed in addition to this form for the status of the
marriage or domestic partnership to be ended.
2 CONTINUATION OF FL-180
3 The purpose of this Judgment is to terminate the marital status between the parties. The Court
4 bifurcates the issue of the parties’ marital status and terminates the parties’ marital status. The only
5 issue addressed herein is the dissolution of the parties’ marital status. All other issues are reserved.
6 1. The Orders set forth in the attached FL-180 and FL-347 forms are expressly incorporated
8 ORDER
10
Dated: ___________________ _________________________________
11 JUDGE OF THE SUPERIOR COURT
12
13
14
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20
21
22
23
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-1-
MARRIAGE OF WEST JUDGMENT (MARITAL STATUS ONLY) CONT. OF FL-180
L.A.S.C. CASE NO. 21STFL01626 cont FL-180.bifurcation.docx
)/
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LAURA A. WASSER, ESQ./ASHLEY L. MONTGOMERY 173740/291762
Wasser, Cooperman & Mandles, P.C.
2049 Century Park East, Suite 800
Los Angeles, CA 90067
(310) 277-7117 (310) 553-1793
Petitioner
LOS ANGELES
111 N. HILL STREET
SAME AS ABOVE
LOS ANGELES, CA 90012
CENTRAL
3(7,7,21(5 KIMBERLY KARDASHIAN WEST
5(6321'(17KANYE WEST
STATUS ONLY
21STFL01626
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KIMBERLY KARDASHIAN WEST KANYE WEST
c/o Laura A. Wasser Esq./Ashley L. Montgomery, Esq. c/o Christopher C. Melcher, Esq./Steven K. Yoda, Esq.
Wasser, Cooperman & Mandles, P.C. WALZER MELCHER LLP
2049 Century Park East, Suite 800 5941 Variel Avenue
Los Angeles, CA 90067 Woodland Hills, CA 91367
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EXHIBIT 2
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LAURA A. WASSER, ESQ. 173740/ ASHLEY L. MONTGOMERY, ESQ. 291762
Wasser, Cooperman & Mandles, P.C.
2049 Century Park East, Suite 800
Los Angeles, CA 90067
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to reviow, CODSider and CODSUlt wlthher or bis Jndependent lopl coumel reprdiq all of the terms
set forth in this Asreemmt and~ lepl cdfect thereof.
F. Counsel for both Parties partfclpatecl in 1he dtafting ofdUs Aamment. The
1erms of dds Agreement were negotiated betw9eD Khn and Kmyc aad their iapecdw Independent
-
lepl counsel. and the final version of Ilda Agteement incozporates 1be negotiated terms agreed to by
both Parties.
G. Kim aad .Kan,e acknowledge and reaffirm for herself or Mmsel( and for the
other Party to rely upon in slpiDs this Agreement. that sho or he has camftally read. considered and
agreed to all terms~ forth in this Agreement, has had mfficient dme to comemplato the tmma of
the Agreement and has ob1alned independent legal advice as to the legal effect the.reo£ 11ie Parties
to 1his Agreement eaob bad the opportunity to negotiate, and did in fiot tblly nego1iam. the tams and
H. P.ach Party agrees that 1his Agreement WIS not executed under
duress, fraud, or undue influence, and neither Party lacbcl the capacity to Olllm' into tbe Agreement.
I. This Apeement and its tezms are not mmdmd nor are they Imposed or drafted
J. Tbls Apeement and its terms are wltbin tho reasonable expectatiou of the
K. This Agieement and its terms are not ollHfded, bmb, oppressive, IUlpriling.
or UDfilir for either Part.y with respect to the subject matter ofthis Apmlent.
L. The Pardee to 1bla A8ftl8IDOlll bad equal barpinfng power in aegotiatiag the
CONFIDENTIAL •2 •
terms of this Agremnent and choosfng to enter into this Aareement.
M. All of the terms of tho Parties' agreement are clearly act forth in this
N. The Parties aclmowlcdp that they haw elocted to negotiate and execute dlia
Agreement at "arms' lcqth.n Both Parties agree and acknowledge that 1bey are not ielyfng upon any
oral advice or repiaentadom made by 1hc other in the nesotlatlon and execudon ofthis Agiecmcnt.
similar cases, in which the Court stated: "We have repeatedly held that parties may elect to deal with
each odler at arms length, and when tbay do io any fiduciary obllption otherwise owfq Is heNby
2.3 Kim was bom on October 21, 1980 and is piesently ago ~3. She Is a cidml of the
Uaitecl States.
2.4 Kanye wu bom on June 8, l!n7 and is presently ap 36. He is a citben ofthe United
. States.
2.s Kim was pn1Yiously married to Damon Thomas and that marriage ended in divorce in
2004. Kim was subsequelltly maafecl to ICria Humphries and that muriqe was dissolved cm or
2.8 Khn and ICanye have one cbild together, North West, bom on June 15, 2013. Neither
2.9 Kim and Klllye became eapged on October 21, 2013. Bach Party acknowledges that
CONFIDENTIAL
there exists between them no marital or quasi-martial Nlatfouhip Whether by sCatute or common
Jaw.
2.10 The Parties acknowledge that thay began dfsoussiq the concept of a cohabitation
aaieemart in February 2013 and 1be concept of a pnmuptial agreement in or about December 2013
and that each Party bu been agreeable to the concept ofCbia Asreement for the 1111De period of time.
2.12 The Parties adnowlcdge that Kim has been repieseJlted in the negotiation. dratting
and execudon oftbis Apeemcnt .,Y Laura A. Wu•, Baq. and Amy L. Rice, P.sq. of Wasser,
Cooperman ct: Carter, P.C., and that lCanye bu been repsesented In dlo negotiadon, draftina and
execution ofthis Aareement by Judidl L. Poller, Bsq. of Pryor ('aahmm LLP and Gary Piahhoin,
supporting heno1f at the CimD she began dadas Kmye IDd fa fblly aalf-suppordng u ofthe date of
tbis ~ Kim repreaen18 that her adjusted po88Income18 repcmed OD ber 2011 fedml
income tax retum W88 $9,166,013, and her adjusced gross income U reported OD her 2012 federal
income tax income 1aX mtum 'WIS $8,408,063. Attached heleto u Bxlu'bit A ls a net worth
statmnentretlectiDg Kim's cummt popmty, mets aad debts and an income stib:meDt reflecting
ICfm's income for 2013 (colleccivety Kim's "aepandc property"). Bxhlbit A Is lncolP.>ftlled mm
by this refonmco as though set mrth in fUll fn this Agreement.
2.14 Kanye fa a lllUlician, iecordfna mtflt and bnaiQeMIDID, ICanye was 1Ul1y supporting
himself at tho time he bepn dadq ICim and fa 1blly self-supportina u oftho date ofthis Apement.
Kaye iepiesents that his a.Uusted 81'0U income ii reposted Oil bis 2011 focleral lncomo tax relUm
was ($1,943,299), and bis adjUlted poss income as ropomd on bis 2012 federal Income tax Income
CONFIDENTIAL -4-
11X retum was ($4,600, 112). Attached hereto as Bxbibit B fa a net worth staten1ent reflecdng
!Canye's cummt pmporty, USCSC& and debts and an incomo staren!f!Dt •8ecdna Kan.ye's incomo for
2013 (collcctivaly Kaye's "separabl property"). P.xhiblt Bis fncotpmated herein by dlis reference
Exhibits A and B and cUscusaed with each other In detail their respective finanoial poaidons, aet
2.16 Tho Parties and their reapecthe attmmys have axccuted a Confidentiality Agreement
in connection with the negotiation and c:xcculion of Chis Agreement (tbo "Confidentiality
Agreement"").
2.17 The Partica desire to define their respeotive Jf&)ds in die property, eaminp and
accumuladons of the other after their commnplated mmiap to ono another. The Partiea hope that,
.should they marry, they newr have to resort to a dissolution of their mmiago or seek a legal
separation or nullity. However, in tho ovem of any such poceedfn& dds Agreement Biid each oldie
provisiou herein aball bind them. Tho Palties Intend that die COUit in a dissolution of mmiap,
Jepl separation or nullity action shall Implement Chis Agreemom in ICCOldanco with Its tmm, unless
otherwise modified in a writing.signed by both Parties and their coumel as pmvided for below.
THBRBPORB, for good and 'Ylluablo considoratlon. inclwfina without limitation, tha mutual
promises and agreemems set forth herein and tbe comemplatcd mmriaae of tho Parties, tho Parties
11g1eO IS fi)llows:
CONFIDENTIAL -S-
3. . OPIRATID PQCT.
3.1 Section 14 ofthis Apamcmt. entitled ''Mutual Waiver and Ralease of AU p..,.
Mari1al Claims," shall become operatiw on the date tho Parties aad their counsel execute this
Agreement and it aball remain operadve aad blndfna on lho Pardes whether or not they many.
3.2 All other provlslona oftbls Agreement &ball be openslve only In the event the·
contemplated marriage between tho Parties is aolenmir.ed. I( fbr any reason. the Parties do not
mmy, tb1s Apeement. wfth tbe excepdon ofSecdon 14, ahall be void aad of no effect. JfKim and
Kanye marry, tbelr Iisbts with rospect to spousal support IDll w1lh respect to the property owned by
either ofthem, whether at the dmo ofmmiap or acquired thereafblr, aball bo subject to the 1mms of
this~ Al used in dlis Apeemeat, the 1rml "Opendve Dale" shall mean the date the
3.3 Thi tmn ~eparationBvent" as used bmeil1 shall mean tho earlier to occur of (a) the
filina of a lepl ac:don for a diuolation oftbe mmiap, a legal aepmatlon or nullity ofthe marriage
as defined under Callfomia law and/or (b) tho sending by one Party of a written notice. by baml
delivery or U.S. Mail - Retum Receipt Requested. adviaing the other Party he/aho in1mlda to separate
4.1 Bach and all of the foa.goiag RecitaJa of Pact me incorporated herein and made a part
4.2 Bach Party aclmawledges, wamm1B and ieptacml8 to the other that each of the
Rlci1aJs ofFact fa arue and correct to the best of such Party's knowlodgo. infmmadon and beliet:
4.3 Tbe Recitals of Pact are J!Jlended to 81DDllllriz.e oerta1n facts ud iDleldions which the
Parties consider ta be aipifirat in zeacblng their mu1Ual .,.eement, as herein Bit ibrdl. Bach of the
CONFIDENTIAL -cS·
Pardea uadmsfaads and asrees Chat each of said RecfC&la has the forco and effect of a eonclusivc
presumption 18 dofiaed by Califomla Bvfdeace Code Section 622.
S.1 Kim acknowledges, represents. and wammts that prior to 1he execution of this
Asreament, she made to ICanye a reasonable and full diaoloaure of her property, income and
financial obligations. lCanye aclmowledgea. represents and warrants that prior 10 the execution of
this Apeement, ho made 10 Kim a reasonablo and full d1sclosme of bis property, income and
financial obligations.
S.2 The disclosure of income, asaeCs and Uabilltles set fixth by the Parties on BxluDits A
and B attlched hereco is for infinmatlon only and is not.made 18 an inducemcrnt to either ofthe
Pardes to enter into this~ 1bo Pardea undemmd that certain of the fiamm and amounts
aet forth on Bxhibfts A and Bare Informal estimates and me not intended to bo exact or
comprehensive.. Tho ftgme.t and lllDOUld3 set forth on such P.xbibits represent each Party's good faith
attmnpt to osdmat.e values; in particular, wbile llid Bxh1bltB wae ~ accorcUag to the best
present lmowledp of the Parties, they may CODlain iDaccuracies which are due 10 difficulty in
valuing certain business and Investment interesll. Bach of tho Partioa underslands and apses 1bat h
is clifticult to accurately estimate the current value of all of their respective assels. 1be &ct that the
actual ciment value of the~ various asaots set fimb on Bxhiblt A and/or Bxhlblt B may differ
lam the values listed in lllid Exblbits do not and will not aft'ect the validlty ofthis Aarecmmt. 1'hc
&ct 1bat 8D item of pmpezty is not llslecl by the lelmmt Party OD Bxblbft A a/or Bxb1blt B sball
not lfrect the ownership of such property u otberwiae provided by1hls .Apemeat. nor in any way
shall it a1rect the validity oftlria Agreement. The 1ict that an obligation is not"Usted by the re18Yllll
Party on Bxhlblt A and/or Bxln1>it B shall not creat.e any Uabillty on the part of the otbar Party. nor in
CONFIDENTIAL
any way a1fect the wUdity of this Aareemat.
S.3 Kim mul Kaaye aareo that ho or she did not roly upon any of the lnfonaadon
Mntafned In Bxbibill A and B or upon any odler n:pRl8Clltadon made by 1he other Party whb respect
to tho Dldure, extent or value of the property affected by this Agreement. Bach ~arty turdm asiees
that be or she has had a tbll llld &fr oppmtunity to invesdpfe the nature, extent and value ofthe
o1ber Party•s pmperty through his or her own attorneys or other experts chosen sole)y by him or her.
or bu fteoly. Imowfngly. oxpresaly, and volmdarily deolfnod to do so.
S.4 Kim acknowledges 1IUlt she hu miC\Wd Kanye•s disclosun:s set foitb horeJn In
Bxblbit B. Kim hereby acknowledges her full and complete aatisfilcdon with Kanya's disclosmes
which have been made to her prior to the execution of this Aareemem. and after nceivlas advice of
independent coumeJ, she bas eaquasly, lmowlnsly, and volllllllrily waived in a clocumcut entitled
"Aclmowleclpneat of Pioperty DiscJosme 8lld Waiver of Further Diaclosum" mcecuted prior bmeto,
any risht to disclosme of ICanye's pivperty and finanmal obllpliou beyond the dlsclosun11
provfded.
S.S Kim acknowledaes that prior to her mcec:utlon of1bia Apeameat, she was pivvided.
tbrougb her couasol, with Kanya's 2011 and 2012 mlaal income tax retuma. Kim aclmowleclps
that she is cndtlecl to request, receive, and miew with her attomeys, ICCOUldllds, ad other
1epresadltives. Rnancfal documents regarding JCanye, and any Other infimnatlon she believes
perdneDt to tho maam covered by this AsremumL Notwilbatinding such t\Jll awareness, Kim
hereby eicprealy, iatelllgcntly, and vohmtadly waives the right to such ftuthor di&closures.
S.6 Kanye acknowledps dllat ho lw reviewed Kim's dfaclOIUl'Ol eet forth helvfn in
Bxlnmt A. Kanye hereby acknowledges bis fW1 and complete satis&ction with kim's disclosures
which have been made to him prior to the exocudon of this Agteemmt, ad after receiving advloo of
CONFIDENTIAL ·8·
independent ccnmsel, he bas expressly, knowingly, aad voluntarily waived m a document entitlocl
"Acknowledgment ofPloperty Disclosure and Waiver of Purther Discloame" eucuted prior hereto,
any right to disclO&Ule of Kim's property mad &aaelal obligations beyond the diaclosures provided.
S.1 Kanye aclmowledaes that prior to bis execution of this Asreemmtt, he Wiii plOVidecl,
throuah his counsel, with Kim's 2011 and 2012 federal income tax retuma. Kanye acknowledges
that U is entitled to request, receive, and rmew witb hta IUOmeys. ICCOmdantB, and otbar
repreamdatives, fiDancial doc:Ua:unm zeprdiaia Kim and ay other infoanadon be believes pealiueut
to the mauers covered by tbla Asr-nom. Notwitfudandlng such ibll awareaess, Kaaye haeby
expressly, intelligently, and voluntarily waives tho rf8ht to such 1bnber disclosares.
s.a Kim and Kanye acJmowJedp and repnseat that each la willing to am into this
Aareement reprdlesa of the value_ mtme or axtent ofdie prOBeDt or tutme assecs, UablUdea. income
and axpenscs of 1be other. IClm acknowledges that she la willlDg to em. into this Apeemeat
hreapcctive of tbs acbJal 'Ylluc oflCanye's meta (Lo., whether they are worth llOthfna or a billion
dollan). Kaaye adatowledges that ho Ja wi1llq tO ealer bdo tbla Apoement hre8pective of tho
actual value oflCfm's UHCs (i.e., who1ber they are worth no1hing or a billion dollars).
regaidlng die pmchase ofjointly titled zeal estato. there will be DO community or quasi-comnnmity
property created during their llUllliap, which they undcntand is ocmtrary to 1he pneral 8latutory
sobmo of tho Callfonda Pamlly Code, unl1188 speclflcally speed to by 1bo Parties ID a wriuea
6.2 Kim and ICaDye covaumt and ap that all pzopcrty ownrd by each Party at tb time
of tho contemplated llllllriage. including but not Umlted to, the property deacdbecl on Bxlu"bit A mul
CONFIDENTIAL -9-
BxJulrit B attached hereto, and all appreciation In value therefrom, regardless of cmiso. or from the
invescmeat or reinvestment tbcrcof dwing the Parties' contemplmecl marriage, is and 8haJl remain
the sole and sepll8fe property of that Party and aball be subject to hm'Jhis sole and exclusive ccmtrol
and dlspomtfon in the same mmmer u lf1bo Padies bad never maaied.
6.3 Kim and ICanye COY8Dlllt and 88ftlO 1bat Ill)' property acqubd by either durina 1heir
maaiage with bWll8l' ~ proped)' shall be the acqubiDa Party"s sole and separate property and
shall be subject to his/her sole management and control in the same manner as Jf the Parties never
married.
6.4 Khn and ICanye !=Ovenaat and qiee that all oaminp ml income ofIDY kind tom
any property owned by each Party at the dme ofthe collfcmplated muriage or acquired dudaa the
marriage includfns but not Umitecl to. the property de8CZibecl OD Bxhibit A and Bxbiblt B, reprdleu
of cause, or 1iom the investment orieinvestment thereof during the Partlm' ccmtanp1aled mmiage,
shall bo the sole and aopand8 property of tbat Party and shall be ralject to hlslhsr aole mid c:xclvaive
control and disposiclon in the same DU111Der u if the Parties bad mver married.
6.S Kanye CCMIDIDtl azut apes chat any hM:ntale or appeciatlon in value ofJCim11
separate property assets zesuhill81iom either J>altts seMces. work, skill, eilbrt or energy (and
income derived ftom 1bose acnmies) performed during their aumiap shall bo ICim11 IOle and
aeparase property, even lf tbe inaeuo in valuo ii attribulable In wholo or in part to either Party's
service8, akilll or efl'orta dudns.tbelr mmlage. ICJm coWIDID18 and apees that Ill)' lncreaae or
eppredaSfon in value of ICanye's separate property a8S8IB rcsultiDg &om either Party's services,
work. skill, eft'ort or onrqy (aml income derived &om tbose'soureea) perfonnecl during their
marriap shall bo Kanye'a solo and sepande property, even if tho lnmease In valuo la attributablo In
wbole or in part to either Party's services, skills or eflbrtB dm:iag their mmriap. IChn ml 1Can)'8
CONFIDENTIAL -10-
covenant and agree 1bat nehber Party sball acquire any communhy interest in any incnase or
appieciadon of the sepana property of the other Party by reason of the expenditure of either Party's
increases in value of any of the other Party's separate property, whether tangible or fnbmsi"ble.
between COllllllUDi'1 property and separate pmperty, duo to the pmcmal services of eldm Party
reudezed during the mmfap.
B. Kim and '.tcanye each ackDowlodges that each has been adviacd. in c1etaU, by
their nispecdvo counsel nprdfng the lepl doctrines set hih In the cues ofIn r• Marriage of
Mt>on, 28 Cal.3d 366. 168 Cal.Rptr. 662 (1980) ("Mooie) and Jn" Man1age o/Mtindln. 130
Cal.App.3d 366, 168 Cal.Rl>tr· 910 (1982) {"Manden"). Tho Plrdel me aware that such cases
provido that a mmlta1 comaumit¥ acquhea an fJdmest ID a Party's sepuate property when community
assets are used to pay cel1lfn CllpC:DICI relaliag to such separate p!OpCllty, nch as principal p&1lllelllS
on. a mortpge. Kim and~ also acknowlodao that each of them has been advised. In debdl, by
their respective counsel reprdiag the legal doctrlaes set foltb in the cases ofP,,.,,,a "· Ptntra. 156
Cal.I (1909) ("Pereira") and Yan Camp 11. Yan Camp, 53 cal.App.17 (1921) ("Van Camp"). The
Parties an awue tbatauch ~provide that UDder certain chwmslaaces a mmieal community may
acquhe an interest in a PlrlJ'a sep11ate property when that pmperty appnclates In 'Vlluc as a leSUlt of
the wmk, labor, services. and/or expertise of a apouae pert'omiecl or oocmdna dmina manlage. Bach
Party hereby expreasly waives any amt Ill rig1ds UDder 1he doctrines set fbrtb in Moore, Marsden.
Pain. and Van Camp and my similar cloctrtnes now In ai8CeaCe or propounded in the fUlure in
California or in any other jmfsdiction. These waivers are made wi1h 1bo undmlandiq that tho rights
belna waived will not ariso in ID.)' event because the Parties have 8lleed that under no circumstances
CONFIDENTIAL -11-
N
will aa.y community property be created as a result ofthofr marriage. except as specUlcally set 1brtb
heroin; and, tberetole, except as apecifically 8tlt tbrth hecein, no eommunity property rigid& or
iemedies of any type, whether piovidcd by c:umnt law or clianps in dl8 law, shall arise as a ftlSU1t
oftheir marriage with respect 10 the ICJlll8le property of Kim and Klnye.
C. To the extent ICfm renders services 10 improve Kmye's separate property,
Kim shall not seek and she apses she ahall DOt bo endtlod to seek reimbun1111111nt for said sorvices,
nor cJaim any risbt, dtlo or hden:st la his separate property by reason thereo£ To the eidmlt Kllllye
nmders services to improw Kim's separate pioperty, Kanyo shall not seek and be aarees be shall not
bo endded to seek relmbmaemant for said services, nor claim any riaht, title or iatcrcst in her
contributions made by Kanyo to 1ho Southampton Court Proparty owned by Kim, in tho mmt that
one Party contributes her or bis separate property towanl the olher Party's sepanto property, the
Parties shall enem into a sepande aareement in writing 11 to whedler said sepuate property
CONFIDENTIAL -12-
~
no rfaht ofrefmbuncment or ownmbfp dglds. In wb1cb case die CODlribadaa Party
alulll exeeute a Dec!maian of Gift. a form of which is atlllchod u Bxhlhlt B. and 1heze
shall be no risbt of nlmburaemat.
Except u set fimh in Section 7.2(C) of1bis Agreement, if tho Pudos do not axecuto a writhig u set
fmtb In sub-secdons (i) tllrouah (ill) ibove, any 8UCh separale pmperty contnDutiona made by one
Party towmd tho odier Party's sepanto pioporty aball bo deemed a gift &om 1ho contn1nating Pmty to
the other Party.
6.6 ICbn and Kanyo covenant and BSNO that my and all CO!DpC"llldion aad income earned
by each during their mmiago &om 1beir WOik eft'orlll and penona1 servlcos sball be that Party's sole
and sep111to property. Kim and ICanyo ahall each have tbe rigid. but not tbc oblipdon. to segregate
said eamfnp and compensadon in leparate property bank accountB In which tho other Party shall
have DO imaat.
6.1 KDn and Kanye covenant and aareo that my and all changes in. the form ofber or bf.a
SClplll8fO property shall not CODSlitute.a cbanp of cbmactmizaticm, and 1bat each PutYs separate
poperty aball remain her or his scplr8to pmperty reptdless of any c:Jumae in. form.
6.8 ICJm and Kmye covenant and qreo that any 8lld all contribulions by either Party
befmc or during the Parties' mmiap to axisdna and/or futmo pofit sbarlns pJ1111.9, pensions, IRAs,
Koop plans, andlor any otbar type of redrement plans or acc:olllds, or combinadona thereof
(°R.odremmrt Plau"). plus any appiecladon dmeon, wbotber or not adslq out of or ftmded by either
Party's aepmato piopat)' md whether or not arising out of .mcc. pedbnned duriag mardap. lhall
be that Party's sole and aopmaJe property and tho non-contributing Party amd community waive my
Jntenst thaein. Each Party's fntmest as a participant in my Retirement Plana with respect to
~Dudona made before or durin1 the Parda' mmiap sball be tho separlde pmpert.y of that Party.
CONFIDENTIAL -13-
Bach Party shall have the sole ligbt to select tbe form of bcncflta and beneficiaries of ell Retbemeat
Plaas. Bach Party 181W that ODCO ~ans marrfed. they will each execute any and all COlllellll and
other documeDla reasonably required to peunit the non-conm1nJlins Party to waive 1be risbt to
receive qualified beneflla and for the collldbudng Party to select henoficiarJes that do not include the
other Party. Bach Party acknowledaes and undcntands that tho effect of such consem is to wmw and
fodeit my spousal dghts that she or he otherwise may have obcained in the othor9a Retkement Plana.
6.9 All property ieceiwcl by ICim at my dme as a bequest or inheriCance shall be her sole
and separare property. All property iecelwd by Kim at any dmo as a sift &om any thlrcl penon or
party shall be ber sole and aepnto pvperty. All property recelved by Kanye at any time as a
bequest or inheritance shall be bis sole and lepll1de property; All property recelwcl by Kmye at any
time as a gift from any tbhd person or party lhall be his sole 8lld aepmate pioperty.
6.10 Each Party shall havo sole and exclusiw manapment ml control over bis or her
sepmm property, lllld each Party's aepante property aball bo subject to dispoaitiOll by him or bar as
ifdie Parties were not manied. Neither Party aball hereafter do my act or C&USC any act to be done
which would in any way Juterfon with the other Party's ownenbip, management. use or .qoym.ent
of said Party's separate property includin& but not limited to, scekiaa or obtaining a court order or
another without a writtm instrument beiDs aigaed by the donor. Any sift sivm by Kim to Kmye
sbaU bo bis sepmate piopOrty ind any sift siven by ICanye to Kim shall be her separate property: For
the avoidem:e ofdoubt, any separate property contributions 1iom ono Party to tho 01ber Party's
aepaato poporty which is IDtwmded to (J) be roimburaed by tho other Party or (2) zesult in tho
contdblltins Party aoquiriDg an interest in the other Party's sepuate property, shall bo tnmd
CONFIDENTIAL -14-
~
csxclusively in accmdan.co with Sectioa 6.SD above.
6.12 Kbn aad Kaye acknowledge dust wbllo Califomia appella1D c:ase lawJeCOgalzes the
axiateaee of buaiucas goodwill and profassioaal goodwill, to dllle said cuo law bas not lecOpi7.ecl
tbe exiafellCe of "executive goodwill" or "celebrity goodwill" (i.e., tho fmlmalblo value ofeither
Party•s reputadon and/or eaqiectadon ofcoadaued public patronaae) u an ISIClt subject to division in
a maritll dfsaolutlon, legal separation or nulllty action. but may do ao It some future da1e.
A. Kim hereby mqnssly waives any and all clalma to or Interest fn any
pn>fesafonal. celebrity and/or oxecutive pdwill, righla ofpublicity and any and all professional,
celebrity and/or executive intanafble assets of any kind whmoever that Kanya may presently have.
or may establish in tho ftmue. ICmye'a goodwill, whetbm executlve, celebrity or any other form of
goodwill. ahall be and aemaiD his sole and separate pn>perty, whelher created or cnJumned befbrc or
profimioDsl, celebrity and/or mrec:utiw goodwill. rfahts ofpabllcity and any ad all pro&aioaal,
ceiebrity and/or execallve bdaap'ble assets of IA}' kUut whalsoever that Kim may presently have, or
may OlllabliBh in the fUture. Kim's pdwiD. whether execatlve, celebrity or my other fom of
gooclwill. sbal1 be and NDl8iD her solo and separate pJQpmty, whether cnamd or eahegcwl Wans or
6.13 All wedding sifts received by Kim and/or ICanye fiom IChn's &mily, frfcads. &ns
and/or business 88IOciates ("Kim's Assoclatlons") abaO be ICim's aolc and sepmate property. All
weddiq gifts received by Kim and/or Kmye fiom Kanye's &mily, fiieads. &as md/or buslnea
aaoniates ("Kanye's AssnclatiOJ28") shall be KanJe's solo and separate property. All weddfaa git\&
received by Kim and/or Kanye from indivlduala neither Party has met. ftom unknown pcnons, or
CONFIDENTIAL - ts-
ftom any other individuals that me not exclusively cbarac1a'ized 88 Kim's Associa1ions or
exclusively cbaraclmized 88 Kmye's Aaocildons by the Parties. shall be ownecl 50% by Khn u her
scparm property and 50% by Kanya u his sepande propaty. In tbe event ofa diuoladon of
marriage, nullity or lop! 118)11111don. the Patia llbal1 equally divide ID the aagrepte tho• \Wdding
6.14 Tho Parties aclmowledge that they do not now have any jobdly owned property.
Bxcept for the CODtr1butlou made by 1Canyc towards die CODSlnldion and capital impzovement COslB
of the Soudwnpton Court Properl)' mferenced ID Secdon 7:J. below, dus Pardes acknowledp 1bat
te:y have not made any joint inveatmmd(a). and have not emend into any type ofjoint busfnea
vcmtun(s). It is tbe Parties' hmmtlon that tb8y sbaU not mab any joint inveatment(s) and/or enter
into any type ofjoint business ventwe(s) without a written apeemcmt deftnina tbeir respecdve·
interests in ~joint fnvesrment(a) or joint busfnea ventun(a). 1bat written ...-meat aball CODtml
mprdhaa the Padies' Jigbta and intezest in the joint businea and/or investment In tbe event,
however, that both Pmtles contributo tunds to a jointly owned buainosa wnture and/or Investment fn
tho absence of a written~ each Party's interest in the bualnass ventme(s) lllld/or
invescment(s) aball be detmmlned ID accordanco with her or his propmtiomde financial contributions
to the busincas vcnture(s) BDd/or investmom(s). The pro'lisiom oftbia Section 6.14 do not apply to
either Party's acquisition of real pmperty, or coll1ributiona 1i> aamo; the provisions of Section 7
below sololy apply to and define the Parties' dglda to ieimbmaamcnt aad ownenhip of real pioperty.
Bach Party forever waives her or his rfsbt to seek the caforcement ofany oral~ made
between dus Parties roprclna the acqufaldon ofa property, a business ventme ad/or an lnvestmcat.
CONFIDENTIAL -16-
property located at Southampton Court, Los Angeles, CaUfimda 90077 ("Southampton Court
Property") as her sole ml separate property. Said Property wu pmdmsed in 2012 for S910001000.
IC.anye now owns improvedrealpropcrtylocaaed at2S WestHoustoa AY111118, 4B, New York City,
NY 10012 ('"Houston Avmue Property") u bia solo and scpamSe property. Kanye also aow owns
improved mal properly located at 7812 Parebolm Drive, Loa Angeles, CalffomJ1 90046 ("Pazebolm
Property"). Kim ii currently C:ODStructing 8 JeSidonco OD the Soutllampbm Court PJopeny and it is
the present intention of the Parties 1D reside at tho Southampton Property upon completion of tbe
coucrucdon. when the Pames 9:19 ln Callfbmla When ha New YOik City. they hdml 1D ialde at the
Houston Avenue Property. Neither Party lhlll ..y rent 1D the odl.arwhea resictiq at tho other's
sepaaate pioperty residences.
A. 'Rtald!?Mt Brmmne Kim will bo aespomib)e for and 8bal1 pay the mortpp,
pmpcrty llXa, and homeownm insunmco ofthe Southampton Court Property. For so Ions a dley
are residing (fUU time or part timD) at the Southampton Court Pioperty, tho Padiea shall each pay
ono-balf ofthe following aped upon mpenses related to tho occupation of said Property: rcpaiis
and maintenance for noanal wear and tear (not 1D laclude capltal implOvemeatB or repairs not In the
ordiDary COUJ8o of majqglnfng the Soutbempron ~ Pioperty), homeownms association fees.
regular and iecumns gardea1ag services, regular and iecurrill8 pool aervfco, and pest coallol (tho
"R.esiclence Bxpemes"). Except as provided in Secdon 9.2 below, neither Party abal1 bave tba right
to seek relmbmlement qainst the other Party, or 1ho community, for Residence &pmses he or ahe
B. Cgttt! Con1n1nJtiom.
CONFIDENTIAL -17-
(1) !Canye's Pmlribution. Prior to tho aecution oftbfs Apmlent, as of
~ 24, 2014, Kaye had paid $634.919.94 of1he coDltluctlon ad capital improvement COiis of
tho Southampton Comt Propelty and IC8Dyo has represented tbat he intends to pay ID additiOQ81
oJllOins CODllruction of tbe _Southampton Court Property. ICanyo ablll obtain ao ownerabip bdmest
in the Southampton Court Pioperty as a le8Ult of ID'/ e1tp""tiluro ho bas made. or may make iD the
tbbne, rogmding tho Soutbampton Court Pn>paty, lnclu.dfng the R.osidence P.xpenses. Kim aball at
all times have 1he exchaslve rfpt to defermhle wbedllr any improvemmm lball be made to the
and caplcal improwmeat cosCs for the Southampton Court P1Vporty la $9,000,000. AD CODBtN:tion,
fixtmes ad capital implOvemeat CDqlCl1llC8 paid for by Kim with her sepand8 property tunda iD
connection. with tho South'lunpton Comt Ploperty, up to a maximum amount ofS9,000,000, shall be
iefened to in this Apeemmd u "Kim's CoDlribudon."
COllllruCtioD. fixtures. and capital impovement OXJ1C1110S ho pays with bii sepmato property relating
to tbe Southampton. Court Property, iDclwllng but not Umlted to tho Sl,634.919.94 he bas to dale
paid and/or plodgecl to pay ("Kaye's Conlribudonj under Iba condltiom and iD Ibo mmmer set
Scpandlon B'Yelll baa occumd. Khn may iD her sole elcclion 1110 tho net llll1es proceeds to acquire a
new lellidence in wbich the Parties will reelde, either on a fUl1 time or part dmo basis. "Net Salei
CONFIDENTIAL -18-
N
Proceeds" as used herein is dofined to mCllll tbe 8f088 Illes price of the subject real property. less all
costs of sale and payment of all Hens and encumbnmces thereon. Should that later acquired residence
be sold and ao Separadoa Bvent has occumd. Kim ID her sole election may use tho Net Sales
Proceeds to acquire a MW realdence in which tho Parties shall iesidc either on a 1bll time or part time
basis. All such residences~ by KJm in whole or~ part during tbe Parties' mmiage and
beloie a Sepmation Event with the'Net Sales Ploceeda, in whole or In part, from the sale of the
Southampton Court Pmperty (afngalarly and collecdwly "Subsequm Raidence(s)j shall be Kim's
sole and separate property. P.rovfded no Sepandon Bwnt has occuned. KIDye shall not be entitled
ta any reimbunemeDt for Kanye•s Contribution at tbe time ofICfm•s purchase(s) of die Subsequent
Residence(s).
Parties shall reside on a f\JU time or part time basis, pdorto or at the time ofsuch purcballe, it la 1he
Parties' ex.press inteadon dllt du:y shall U80 their best emms 1o eater into 8 new wriUm agreement
that (i) sets forth tho total amoailt of IC.mye's Conldbudon and IC1m•1 Comribatlon to tbe
Soutluunpton Court Property u of the dato of sale of the Soulbamplmi Court Property and (h) dlat
sets fiRtb the Pmties' aapcmmt with respect 1o 1heir iapecdw COlddbudon tq tbe payment of
cxpemes re1adng 1o their occapancy of the Sullsequat Rllidem:e(s). The Paa1ies hemby mqnsaly
covenant and aaree 1bat their failme 1o enter into this subsequent wrltkm asseement shall aot bo
deemed to be a mCb of this Agteement. shall be deemed sevorable from this Agreement. and shall
haw no ofkt wbatloever on either Party's rigbts and obliptions contained in thia Aprmeat.
CONFIDENTIAL -19-
Southampton Court Property to purdlase a Subsequent Rcafdence(s) and no Sepamdon Bve:athas
. occmred. Kim shall relmburae ICmye for Jeanye•a Contdbudoa hm the Net Sale PIOCeOds in dae
llUIDDCI' set forth ID Sub-Section 7.2C(3)a below.
(3) In tho mmt Kim sdl1 owm the Soutt.a11q•r.ou Court Pmpaty. or tbe
Subsequent Raiclem:e(s) at the time of a Sepmdon Bveat, witbiD ninety (90) da)'I of tho occummce
of a Separation Bvmat. Kim sball at her sole electfoa either (I) decide to sell tbe ftllidence aho then
owns which sale shall be mado to a bona fido pmchaser ID ID ann'a leqtb 1nmaclion or (h1 Jetain
ownership of tho subject residence. Upon the occummce ofa Separadon Bvent, IClm shall not came
any new liens or eneumbamces to be pllGed on dae Southampton Court~ or tbe Sublequent
Residence(•) whhout the written consent of Kanye or Comt ender. In this event, Khn ahall
Pioceeds ~be paid as follows: (1) first. Kim shall n::ceive ID amount equal to tho purchase price
of tho leal property sold plus Kim•s Contribution; (2) nm. IC8llye aball be reimbursed tbr 100% of
Xanye'a Coldn'tnltion. to die mdeat tbmo me sufficient Net Sales Proceedl to do so; and (3) Kim ·
sba1l receive all remaining Net Sales Proceeds, if any, iepresen1ing the appieCiatlon on tho subject
. residence and any separate CODtrilndfou she made in axceas of Kim•a Contribution. Should 1ho Net
Sales Proceeds not be sutlicient to pay 100% ofICmye•a Contribution. ICim abaU have no obliptlon
Partle.9 shall mutually selOGt ID appmilel' to pmvido the &Ir marbt value. If the Parties. an unable to
881= OD the appraJ.. to provide the filir madast value, they shall utilizo the "Appraisal Plocess,"
CONFJDENTIAL -20-
defined as follOWI: each shall select a cel1ified iea1 estate appraiser with at least ten (10) years of
expericocc in 1be applicable loc:adoa, and 1be two appraiacn sbllll BUmnpt to apee as to tbe &ir
market w1ue. Iftho two appmiseza me uaab1o to qreo, the two (2) appmisers so1ected by the Parties
shall mutually selegt a thild c:enified appraiser with at least tm (10) years of experience in the
Parties. The Paties shall share all appraisal costs equally. Once the &ir lllUbt value ofthe subject
real property bas been defmmlned, the Parties aball then determine the lllllOUllt of the net equity in
the subject real property. 'Ibo tam "Net Equity" as used haein is defined to be the appraised tiir
mabt value, less cho amount of all lieu and encumbrances 1bmecm, less tbe puldJue price ofthe
subject real property, less Kim's Contribution. Ifthele is Net~. Kim shall mimbune ICanye
for Kaye's Comribution in Ill amount up to but ao more than tbe am.ount oftho Net Equity, ID two
(2) equal installments wbhin two (2) )'Clll of tho date of entry of a~ jndgmmt Ifdmre la no
Net Bqofty, tban KJm shall haw no obligadon to relmhurao ICllDye for Kanye'a Contribution. Ifthe
Net Equity is less than the amomit of ICanye's Conlribution. ICim shall bave no obllptlon to
(4) In die mm Kim sdll owns the Souduanpton Court Property or the
Sublequeat(s) R.esidmlces at the time of her death and a SepandlonEwm bas not occunec1, 1Cm79
shall be entidecl to m:eive Kan79's Comribudon hm ICim's estate. capped by the valuo af tbo Net
Equity in 1be subject residence owned by Kim at the time of her death. Kim sball execute a Last WW
mid Testament or substitute teatamentary iastrumant which will povido for same.
(S) In the event Kim sd11 owns tho Southampton Court Ploperty or the
Subsequent(•) Residences at the time of Kan.79'1 death and a Scparalion Bwnt has not occurred,
Kan.ye'• and Kim's cbild or chlldren topdler shall be entitled to niceivo Kmye's Contdblllion upon
CONFIDENTIAL
r--l
1be earlier to occur of the .Ille ofthe nsidencc then owned by Khn or Kim's death, capped by the
value of the Net Equity in the said real property at that 1lme. Kanye shall exccua: a Last W'lll and
improvement expeaaes Kanyo and Kim pays with hialber sepande property relaling to the
~utbampton Court Property, ifany. The Pmdes' buslaess mllllllFI shall axcbanp upon receipt all
relevaat bills, illvoices, stalments, wWi and cbccb Rglll'diag such expeasea paid by Kaaye and
Khn.
7.3 Any and all fumisbinp K'.anye purchases for the Southampton Court Property or any
Subsequent R.esideac:es, or otherwise, aball remain his separate property and Kim aball haw ao
iateleat in the ftniahfnas purcbaaed by ICanye, ualeu tbae is a Declandion of Oift or 8eparlre
Property Rllimbmscment Apezmmt accompanyiag same. Any aad all fUmlahinp Khn pmcbasa
for 1he Southampton Comt Property or any Subsequent ~daces, or otharwise, shall remain her
8epande property ad ICmye aball have DO iafenlst fa tho flgafshlap purcbased by Kim. unliss Cbele
1be awidance of doubt, Kim shall have ao obllpdon to ielmbuae ICanyo for his fbmlsbinga
pUldLues, inoludiag for the Southampton Court P!operty, aad Kan~ ahall have no obliption to
reimburse Kim for any of her fUmfshings purcbas., aad each Party shall own the ftlralab1ap he/she
7.4 Kanye will be "8p0Dlible for and shall pay the mortpge, property taxes, lnaurmu:e.
repain aad maintaumce. hom.eownm fees, utilities, houaekeeplas. maid, gardening semce and pool
service. and any other 8xpemes aria1Dg out of his owncnhlp of the Houston Avenue Property and the
CONFIDENTIAL -22-
Pmbolm Property. Subject to Secdon 7.3 poWUng that fhmlahlnp purdmed by Kim shall be 1u:r
aepana pioperty, should !Gm uae her separale property to pay 1br any expenses of or impovements
to, or decoratina of; Kanye' s zesidencea, the Parties agree 1hat Kmye shall ~ve no obligation to
reimbune Kim for Ill)' such expenditures, no matter when ID8de and no matter 1he amount of such
expeaditures. The Parties tUrther aaree that Kim shall ob1ain DO ownership rlaJda or interest in the
Houston Avenu.e Property or the Pmbolm Pzoperty 11 a result of any 1UOh expenditmes she hu
made or may make in the 1btme. All auch oxpmdhurea made by Kim regudina tho Houston Avenue
Property aad/or 1be Pareholm Property shall be deemed to be a sift by Kim to Kmye. ICanye shall at
all timos bave tho exclusive right to detmnine wbeUu:r any bnpmvementa shall be'made to tho
7.5 In the neDt that either Party purchases dudns the numiap with her or bis separate
property funds aa.y real property. whed1er or not the Parties zesido at said property, aad tabs tide to
said real property in hfs or her name alone, that real property shall be that Party's sole and separate
property, irrespecdve of any contn"butiODS which may bo madO by either Party or by the community
to the pmchaso. upkeep. maintenance. impmvement or constrm:tion of nkl real property, uoless both
Parties have execuled a Sepmato Property Acquisition Apemenl or other written agreement signed
by the Putica that satisfies the transmutation requinmeDta of Califomia Family Codo Section 852
and aovemin& case law. Bxcept as set fimh in Section 1:J.(.C,. un1eaa both Parties have axecalld a
Separate Property Relmbunlemmlt Agreement, any aapmto property comribudons made towards the
otbar Party's separate real pmperty abal1 be deemed a gift without right of reimbumement.
1.6 Ifany separate real p!Operty DOW owned by either Party, or purcbasecl by either Party
in the tUtun with bis/her aepaude property f\mds, is refinllftN!d or otberwise on.cumbered after the
date oftbe Parties' mmriap. the Parties aaree that my lendms sba1l consider the owllins Party's
CONFIDENTIAL ·23.
czedit alone and that neither the community nor tbo non-ownfng Party aball acquire an interest In
said ia1 property, or obligation for any subsequeat loans. refinances or other encumbnnces. and
Kim and Kmyo waive tho prosumpticms set forth inln rs Man1ap o/Grltdua, 166 Cal.App.ld 1179
7.7 Bach Party shall have the absolua right to sell, use, 1ramfer, make gifts o~ exclumge,
ablndon. leaso. usign. create a security interest In, mortpge. encumber or dispose of or otherwise
manap and control her or hla respecdve current and ftatUle lepUlt8 Mil pmperty free of my claim
7.8 Jolpt Real PloJw1y. In tho event that tbo Parties purchase real property during tbo
marriap and take title to said Mil pzopaty in their joint naate1 as community property ("Joint Roal
Property"), ICim and Kmye agree that the Joint Real Property aball be cbanldi:rized is community
property, Sllbjoct tO all reimbursement rights either Party may be eatitlod to pursuant to C'.alifomia
Family Code Soctlon 2640, includin& but not limltod to, mimbunement for 1bndl used to acqube
tho Joint Real Property, to pay down tho pdncipa1 of tbo mmtpp on the Joint Real Property, and to
to n:ccivo her or his separate property contribudona pmauant to Family Codo Section 2640 as set
forth above In Seclion 7.8, either from 1he net sales proc:eeds or my boy-out if one Party oleccs to
buy-out the other Party's iatelmt, wid>. tbo balance to bo divided equally between tho Parties after
each Party is reimbDncd her or his separate property CO~DI IS set forth IMnin. The filnds
received by each of tho Parties hereUnder shall bo his or her solo and separate property.
B. In the event either Party dies and DO Scpandion Bveat has occumd, the Joint
Real Property sball pass to tho lut'Vivlq spouac. In that event, both P811ies waive all reimbunamcnt
CONFIDENTIAL -24-
rights sho or he may otherwiao bo entitled to punwmt to Family Code Section 2640. . ·
C. Upon tho occmrence of a Separation Event. either Party may buy-out tho other
Party's community interest in the Joint Real Proparty. subject to either Party's right of relmbunement
as set forth herein. In the event of a buy-out. lf1bo Parties..., unable to apoe on the fair nwbt
value of the subject property, the Parties aball utilbo the Appaisal Prociess to detenniu the &ir
marbt value. Jn the event ei1her Party elects to buy-out the olher Party's o~balf comm.unify
interest. the other Party's om-half mmmunlty Interest ahall bo calaulated as follows: the &Ir market
value, lcu all exiatiq encamlmmcos apinat tbe Joint Real Plopc:rty, lesa each Party's separate
· property ccmln'butiou, divided by two. Jn tho oveat that a Party buys out the other Party's fmrest.
tbero will be no acUustmc:nt for estimaal taxes. commlssiom. and/or closing costB. Jn the event
neither of the Parties elects to buy out the o1her Party's one-half community inme.tt in the Joint Real
Property. it shall be listed for Ille with a mutually aareed-upon real estate agent and/or broker, and
sold for the best oblainable price. 1be nit sales prooeeda shall bo divided equally, except both Parties
shall fint be entitled to reimbursement tor any 8epllldD proJICll'lY contributions as set forth in this
Secdon7.8.
fUJJy axecut.oc1 Separate Property Reimbursement Apemumt. ICim and lCIDye waive bf&lber
potential Califomia Family Code Section 2640 reimbunemeatclaima. The Pmdea acknowledge that
CONFIDENTIAL -25-
pmchase or impmvcmem of tho property but do not Include payments
or has aiamd a.writing that has tho effect of a waiver, tho party ahaU
spouse's separate property ostate during 1bo marriap. unlcsa there has
been a tmmn'llalioa la. wridna pursuant to Chapter S (commancing
with Secdon ISO) of Part 2 of Division 4, or a wlitlm waiver of the
rogazdins Residence Bxpenaes for the Southampton Court Property, each Paty ahall COD1ribute to
CONFIDENTIAL ·26·
~
tbe payment of tbe iegular, mdinary, 19UOD1ble li'lins expenses of the Parties. Although Ibo Pmtles
ahall each coallibute to 1be payment of their Joint living expenses, ndtlmr Party shall be obligated by
tlds Apcement to contribute any pre-determined apecU1c amount ofmoaoy towanl tho pa1J=d of
the Parties' joint living expenses .. Joint llvfDs expemca" shall not include (i) any expense ieladna
to any sepuate pioperty basiness in wbJch either or both has 111 hlterest, (ll) any expense fncuned by
either Party in CODDeetion with the management, adminlstndion. acquisition. sale or impnmment of
any of bis or her IOpll'8tD piopeaty 8Sle19. (ill) any automobllo axpenses. (iv) personal exponscs for
clotbing.jeweliy, grooming, cosmetic procluctslproce fitness, and the like, and {v)
ftom. her separate pioperty prior to a Separation Bwnt. she shall have no riabt ofrelmbunemeal for
such paymmata, except with iespect to Resldeaco Bxpenses as described In Section 7.2(A) above for
which Kim shall have a rl&bt ofzefmhuraoment 1lom .Kanye to lbe Gxtait he filila to pay hla O»balf
slun of said Residence Bxpenses. lflCanye elects to pay any joint living expenses ofdie Puties or
Cbcir minor chllcbm fiom bis aepmte property prior 1D a Separadon Bveat. be shall have no right of
reimbursement for such paJll1Cl1t8, except with respect to Residence Bxpenaes 11 described in
Section 7.2(A) above for wblcb IC8llye shall have a right of zeimbmsem.ent iom ICha. to the extent
9J The Parties pmently intend to open ajointly tlded bank accoDllt to be used to pay
certBiD expemea. into Which each of the Parties presandy intend to deposit separate property funds 1D
pay said expemc1. 1bo cmnmingHng of each Party's separate poperty t\mds In such a joint account
shall not cbange or nnsmute the character of such ftmds and in pardcu1ar shall not convert the
separate property clwact.er of such funds into community propmty or the o1bar Party's lapllD
CONFIDENTIAL ·27 •
tJ
property by virtuo of said c:omminglina.
9.4 To the extent that either Party uses a joint bank account to pay 1be separate PJQperty
oblipdons of the otlicr Party. said payment aball be deemed a lift, and there shall be no right to
reimbunlement for such expemlitures. unless both Parties aecure a Separate Psopmty
ReimbmscmcDt Asreement.
9.S Upon 1bo OCQlmmce of a Sepamdon Bvcar. the balaace(a) oftbe jointly tided blnk
account(s) at the time of the Sepandion Bvent shall bo diYided between tbo Parties in accordance
with their pro-rate contribudons of Separate Property to such balance(•). In 1he mmt etthar Pmty
dies and no Separation Bvent has occumd, any ftmds In any joint bank ICCOUD1(a) shall pus to tbo
surviviq spouse 88 bis/her aeparato pmperty.
separare property or sepmte income of eidlar Party shall addlCl' chanao norcomtilulc a chaup of
character of that property or incomo, nor shall it CODltitute a tnmsmutation of that separate property
or income inlo community, quasi-community, joint, marital. or similar typo of property. The Plldea
heroby rebut the community property prcsumptiona punuant to Family Code Section 2581. Pmswmt
to Family Codo Section 2S8l(b). 1hfs Apement shall conatitD1D a written agreement to rebut ll8id
piesumptioas and eslabliah 1hat all sep1111de property or &epUUe income of1he Pllties aball remain
the separate property or scpmte incomo of that Puty, except 88 oxpias1y otherwise provfdm In dds
Agreement.
I 0.2 In the event a Party gives to tho otber Party a Power of Stsnaturo on any of their
accounts. tbo Powar of Slpaturo on tho account or accounta of the other Party shall not Cl'Clde a joint
account and shall not make any asaeta in said account or accounts tbo other Party's community
CONFIDENTIAL -28-
property.
10.3 In the event a Party aivea to the other Party a Special or Oema1 Power of AUomoy.
the Power of AUomoy sblll not chanp nor comtitute a challp of chmctar of any aepuate property,
nor aball it constitute a tnn11111dation of any separate property or income into community, quasi-
fiduciuy responsibility with respect to inveslment oppommitles that arise duriDa maniap and the
obligation ofspouses to advfae the other ofsuch oppommitlea and to invest c:ommunity or the other
spouse's aoparate property in such investments.
11.2 ICim and Kan70 coveamt ml apo dlat neither sball baw a flducfary or other
responsibility duriaa their mmiage to notify die other llldlor the community, or to provide the
opportunity to the 01her Party and/or the community, reprdina any invoatment opportunities lbat
become known to her/him during marriage. Both Pmtiea lllM that any invesbDeDt oppmtanitiea
made known to either of them dmlna maaiago are the separate property of the Party.that received
12. DIBTS.
12.l Kim ad Kanye each have certain separate deb11 and Obliptions which shall ninain
and be their sole aepmate debta after the date of their marriage. Bach Party aareea to remain
RlllpODlible for paying her or his respecliw ~ debla and obllaadom eadlling at the Opemtiw
Date as set forlh on Bxbibita A and B, reapectively. 'lbo other Party sball not be liable for tboao
obliptioDS, and each Party shall indemnify and hold the other Party hmmleas thereiom.
12.2 Bxcept as otharwiso o:xprasly tet forth in dais Agreemalt, debes incurred by ehher of
CONFIDENTIAL -29-
die Parties during their marriage. Ulllea expressly apeed upon in wridng by tbe Puties (for
example, a mortpge or other debt fmlrumeat sfped by both Pudea). shall be tho sapamte property
debts of and paid by tho Party who inoumd than. ne sep!ll"lle property oftho other Party shall not
bo cbarscd with nor be liable for nch debts. Bach Party shall indemnify and bold 1be odm Party
13.l Nothing ('.Ollfafnecl in this Agieoment BhaU be construed as ablolvfna either Party of
the statutory obllption to support any child or cbildrea of1be Parties. ID the event of a sepaadon or
marriage dissolution. each Party's obllgadom to support any cbild of tho Parties shall be determined
pobmdal statutory obliptlon to support tbe other followiq the occurrence of a Separation Bvem.
The Parties acknowledp 1bat they am awue of Pamlly Code Socliom 4320 and 4330 and that tho
jurisdiction and dlscmlon of the court In a dissolution of mmiage, nullity or lopl separation action.
Tho Parties i\Jrtbcr ac:Jmowledse that they aze awue of Family Code Section 1615 and the holdings
of Inn Mlzrrlaa- o/Pan41Mon & Fireman, 24 Cal.4th 39 (2000) (waiwr of apousal support In
Pnmuptial Apementi ii not per ae void or unmforceahlo) and In,. Mlln1age ofBonds, 24 Cal.4th
l (2000).(ladc of c:oUDIOI is only one fictor 1Dr tho trial court to Ccmslcler in evaluadag whether a
pmnarital aaiecment has been entmecl lido voluntllrily, aloq with bud, dmeaa, undue Udluace,
full discloame of asiets and liabilities, knowledge and understanding of the pJOpOSed qreoment, tho
proximity of signing to tho wedding, and the inequality ofbarpinlna power, qe IDd sopbisdcation
of die Parties).
CONFIDENTIAL -30-
FL-347
PETITIONER: KIMBERLY KARDASHIAN WEST CASE NUMBER:
21STFL01626
RESPONDENT: KANYE WEST
WARNING: Judgment (Family Law) (form FL-180) (status only) must be completed in addition to this form for the status of the
marriage or domestic partnership to be ended.
13.5 Tbe Parties iecogalze that lecmd cue law and cbanps in public policy llld public
perception of mmiage and divorce have led oourta iDcieasinslY to recopfa that prospectlve
husbands and wives should be able 1D cantmct widi each other fteely, openly and filirly In Older 1D
muccure their relatiombip according to their own ueds, desiNs and values. The limitations on
spousal support sot fol1b in tbfs Section 13 bu been d1scuaed, negotialecl lf:nd lac~ in this
Apeemeal with dlis NCOpition mmind.
13.6 Kim and K.anye specifically intend by tbia Apeemeal to modify ancfllmit the court's
power and jurisdiction to awmd spousal support, alimony, or maintenance. including temporary 8lld
permanent support, inoluding support during the peadency of the dissolution of mmiago action as
well as a post-jwfament Nq1le9t for support or a aepanre action for support, bodi as to amount of
support and the dmation of support (collectlvely "spousal support'), repnllesa of my subscquant
changes in the cummt law. In the evmrt the law cbanpa iegmding the enfoiceabllity of spousal
support provisions In a~ qreement. laclwlillg but not limited to, the right to waive IDd/or
limit tempormy and/or permanent spoUlll IUppOlt, the Partiea oxpresaly agree and iDteDd tJ1lt any
81ICh cbanps in 1be law sball not affect their e:xple8I dcahe u ICt fintb in this Agreement to limit
each of thek dglds to spolllll support upon the dlsaolution or tmnination oftheir man:lap.
13.7 Kim and Kanye aclmowledgo and agree that at this time both Parties are tuUy self.
supporting and that neither Party believes based OD 1lldr cummt iJlcomo and 11111118 dl8t spousal
support 1iom ono to Ibo other would be neceemy or appropdate. However, ICim and IC.an.ye also
CONFIDENTIAL -32-.
)/
$77251(<253$57<:,7+287$77251(<1DPH6WDWH%DUQXPEHUDQGDGGUHVV )25&285786(21/<
LAURA A. WASSER, ESQ./ASHLEY L. MONTGOMERY 173740/291762
Wasser, Cooperman & Mandles, P.C.
2049 Century Park East, Suite 800
Los Angeles, CA 90067
(310) 277-7117 (310) 553-1793
Petitioner
LOS ANGELES
111 N. HILL STREET
SAME AS ABOVE
LOS ANGELES, CA 90012
CENTRAL
3(7,7,21(5 KIMBERLY KARDASHIAN WEST
5(6321'(17KANYE WEST
STATUS ONLY
21STFL01626
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Upon Entry of Judgment
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KIMBERLY KARDASHIAN WEST KANYE WEST
c/o Laura A. Wasser Esq./Ashley L. Montgomery, Esq. c/o Christopher C. Melcher, Esq./Steven K. Yoda, Esq.
Wasser, Cooperman & Mandles, P.C. WALZER MELCHER LLP
2049 Century Park East, Suite 800 5941 Variel Avenue
Los Angeles, CA 90067 Woodland Hills, CA 91367
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WEST, KIMBERLY KARDASHIAN
Agrecmem shall not constitute a waiver of the suppmtina party's right to seek a teducdcm or
tennination of spousal aupport based on cobabiiation of the supported party pursuant 1D Family Code
Section 4323, et sgq, and ID)' lib ldl1\ito.
13.8 Kim and ICIDye acknowledge and undenclad that by this Agreement. the court's
jurfadictlon to award spousal support to ono Party by tho other is limited u to both clmatloa and
amount .
13.9 Kim and .Kanye acknowledge that each bu been adviaecl by bfslher coumel that the
limitations on the rJght to seek spousal support set fimh in this Apeemem may wodc peat and
unexpected financial hardships on him or her, and both haw comfdced that posnbillty in lfmitiag
their rigbts with iespect to spousal support 1iom tho other. no Parties havo knowingly aad with the
advice of C:ounsel intend to and have beleby pennanendy waived any right they niay have for
spousal support or mafntenaace or the equlvalem dmeto ftom the other except as set 1brtb in tbia
Agreement Bach Party covenants and aarees that hefabe has been informed that she or ho cannot at
any time hereafter ped1ion or otberwfso seek 8ll order of the Superior Court of the S1lle of
Callfom1a. or any other court, for any spousal support fiom tho other Party In an amount and for a
length oftime other dim u set forth in this Secdon 13, reprdloss of any fiature clrcumsbmces or
hlldshlps.
13.1 O If at any time tho llmf1atlou on spousal sappart contained in this Section 13 ue
deemed by a court to bo uaenforcoablo. then the Umitatiou shall bo cleaned to be.of no 1bdher 1brce
and etJect. Jn such an event, Section 13 shall be aevenble iom this Agreement. and all other
pIOVisiolll and terms of this Apeement sball iemain billd1as sml given full force and c&ct.
13.11 Tho Parties covenant and agree that each Party has been repiesented by indepeudeut
legal counsel with ieapect to the spouaa1 support pJOVisiou comainod In tbla Section 13 and that
CONFIDENTIAL .34.
same was entered into voluntarily without fraud, duress or undue influence and that there was fair,
reasonable, and full disclosure of all assets and liabilities of both Parties, and knowledge and
understanding of this Agreement by each Party. Kim and Kanye covenant and agree that he/she had
sufficient time to review, contemplate, discuss and negotiate these spousal support limitations.
Finally, Kim and Kanye covenant and agree that there was no inequality of bargaining power
KW
14.1 Kim and Kanye acknowledge and agree that they have not previously entered into
any other contract, understanding, or agreement, whether oral, express, implied in fact, or implied in
Jaw, with respect to each other's property or earnings, wherever or however acquired, or with respect
to the right to spousal support or maintenance of each other by reason of their dating or non-marital
relationship. The Parties further agree that no jointly-owned property has been or will be acquired
14.2 The Parties acknowledge that they each have been advised by their respective counsel
CONFIDENTIAL • 35.
'same Wll entaed into voluntarily without 1iaud, dmm or undue bd:luence and that dun was &ir,
reasonable, and full disclosuro of all assets and liabllhiea of both Partfes, and knowledge and
UDdmstaading Of this A8reemCDt by each·Party. JCim and Kaye CO'VCDllllt and agree th.it be/she bad
sufliciem time to review, COD1mnpJate, discuss and necotiato these spousal support limitatlons.
F"mally, Kim and Kaye covenant and apse that there W11 no inequality of bargaining power
regarding spousal support.
14.1 Kim and Kaye admowledge and BIRO that they have not peviously entered blto
any other contrace, uaderstaDding. or qseement. whether oral. mcprcss. implied In fact, or implied In
law, with respect to each other's property or eaminp. wherever or however acqukecl. or with respect
to tha risbt to spousal support or numdf!nimce of each other by realOll of their dadng or DDIHlllliial
N1ationsblp. The Parties fUrther agree that no jointly-owned property bas been or will be acqulmd
prior 1D tbo Operative Date.
14.2 The Pamos acknowledae tbat they each have been advised by dJeir aapecdve counsel
CONFIDENTIAL -35-
~
on Callfomia law respecting non-mar:ical relationships. including, without limitation, du: decision of
Che Califomia Supzano Court in Manin.,, Manin, 18 Ca1.3cl 660 (1976) ("Marvin"), respecting
non-marital relationabipa, and they each aareo that neither bu any rights and/or obHptions arisios
out ofdloir llOIHIUlrical mfationslrip wi1b each other.
14.3 Bxx:ept for the obDpllons created by tbia Apeement, Kim and Kanye ~lcaae the
other and all of his/her respective agents, attomeya, aaips uul succ:easors-hl-inteiat, from any and
all known and unknown claims. cfemmcls, damages. debts. Uabili1ies. obllpllons; accoun111,
reckonings, alleptlons, costs, expenses. liens, acdoas, cames, and causes of action, of my kind and
nature whatsoever, against him/her and hlalher agentl, attomeys, asaip and successor-fn·imerest,
up duoqh the dale of1be execution of tbia ~ including without limitation, claims arising
by reason of any non-mari1al or cohabiting ielationsbip under Marvin or other cases and laws
defining the rishts and dutios ofpersons aharln1 a non-marital reladomhip. Thia wa!Vcr ofthe risbt
to assert c1ahm arislna out of a non-marilal reladonahlp la intended by bodl Puties to include, but
not be limited, to clahns of: Blach of oral, wriUen or implied conlract; torts; support or "palimony";
personal injury; negligence; damaaes of any kind or nature; fillld; lnach of ficluciary duty;
ieasonable value of services; ~ meruit; quantum valebant; quasi contract; constructlve trust;
l'CllUldag trust; mllef uader die CaUtoraia Family Code; mpport or maintenance: pmmlssozy
14.4 The Parties agree and undmtand that there is a risk dlll subsequent to 1he execution
ofthis Agreement, either of them may incur or suB'er loss. damage or injuries which are In some way
caased by, or nlatecl to, matters that occumd befons the execution of this Apeemem and that have
been released herebl, which ue unknown or unmdcipaled at tbe time this Apeement was eatmed
into. Bach Party UDderstaads and assumes the dsk of walviq UDknowD claims.
CONFIDENTIAL. -36-
14.S This waiver and release OXbmds to known and unknown claims. Kim and K.anye
knowinalY and volmdarily waive the provisions of Califomia Civil Code Sedion 1S42, and lllY
aimfJar laws of any S1ate or Territory ofthe Uniied States or abroad. Bach of1he Parties
ackaowledges that he/she bas been advised of Section 1S42, which ii set forth in fWI as follows:
1542. A gcnc:ra1 release does not axtend to claims which a c:ndbor
does not know or wspect to exist ID hfa filvor at tho time of axecudaa
die release which, if known by him. must have materially aft'eeled bis
provides:
enibrcement is sousbt prows either of tho followina: (1) That party did iot
when it was executed and, bobe axec:udOD oftho qreemcm. all of tho
followlna applied to dud party: (A) 'lbat party WBB not provided a fidr,
other party. (B) That party did not volmdarily and expealy waive, In
CONFIDENTIAL
With respect to this statute, Kim and Kanye each aflirms that: (a) this Apeemeat is not
unconacionable; (b) he/she ls execudng dUs AglCOllWlt voluntarily; (c) htlsbo volunllrily and
expzessly waives, in writiD& hiilher right to uy dlaclosuro of Ibo othm's property or financW
obligations other than as prowted in this ApemeDI; and (d) 1he ftnancfa1 disclosmes set forth in
tbls Agieement provides blmlhar with adequate bowledp of the other's property and financial
obllptions to enter' into this Apeement and to ftdly uDdemml die extant of the property and o1ber
IS.2 Kim and Kaye eadl admowledga that hclllhe bas been advised of the rishts which
he/she bas to mv•sam the business and investment intaests of the ether, prior to slgnlna thfa
Agieemont. P.ach Party hereby lmowinaly and bely waives the right to any 1\Jrther lnvestiplion
other than 1be investiption which was CODdw:ted by bislher choilen expertl piior to the signing of
execution of this Agreement by independent counsel of her own choice. Laura A. Wasser. Baq. and
Amy L. Rice, Bsq. of Wuser, Coopcmnan &: CUCer. P.C.
16.2 Kim bas read this Apeement and has had Its content& explained to her by sucb
counsel. ml is awme of the contents hereof and of die lepl dect ofthe pmvisions ofdlis
Agreement.
16.3 Kaye acknowledges that ha bas been 1epre&ellted in 1be negotiation. dratting ad
axeemion of1bis Apeoment by independent counsel of his own choice. Judith L. Poller. &q. of
Pryor Cashman LLP and Oary Pisbbeln. Baq. ofB- Bumd, Pisbbe1n 4 Royce W.
16.4 lCanye bas Jead this Aareemeat and has had its COD1alll axplaJned to him by IUcb
CONFIDENTIAL ·38-
coonseJ. and is aware of the contents hereof and of the lepl effect oftbe provfslons oftbis
Asroement
115.S Kim acknowledges that: (a) KIDyo has obtalned no unfifr ~e over her u a
result of this Asieemont; (b) there was sufficient comidendon for her my into tbls Agreement; (c)
sbc wu not under the undue influence ofICanye or any odm person in eallring into tbis Apeammt;
(d) all negotiations leading to this Agreement v.we cmied on at arm's length; (e) any confidential
reladombip arishlg out of tbc relationship of the Plltles did not impact or iD1luace such
negotiations in •Y way wbalsoovcr. aDd (f) she ncopizes that the Putia' ~ wero advene
during such negotfations.
16.6 JCaye acknowledges 1bat: (a) Kim bu obtained no untair advamap over hinl u a
result of tbia Apeement; (b) tbaie was sufticieat consicferation for bis cmtry iDlo this Apeemcat; (o)
ho was not under the undue influence of Kim or any othar pmon in·entering into this Agreement;
(cl) all ncgotildions leading to dUa Aanemmt were cmiecl on at arm's Jcqth; (o) my c:onfidcmtial
zelalkmship arfsiDg out of the relationship of the Parties did not Impact or influence such
negotiatlom in any way whatBoever; and (f) he rec:opiaa that 1bc Parties' inta'eatB were adverse
during such nego11atlona.
115.7 It is e:xpieaaly acblowledpd. undentaod and apsed by the Parties that neither the
provisions of.this Section 16, nor the nsspective Attorney CertUlcatlona with reapoct to this
17.1 Thia Agreement may not be altered. amended or modified except by an instnmumt in
wri1ina csxecuted and acknowledged by both Parties and their auomeya with the same f'onnalldes of
this Agreement and by no other meana. Bach Party waives the right to daim. assert or comead that
CONFIDENTIAL -39-
this Apeament wu modi6cd. cancelcd. IUpm'llldod or chanaed by ad oral qreement, by course of
conduct or by estoppel.
17:l No bJeach of any provision bareof may bo waiwd unlesi in writing aiped by both of
the Parties hemo. Waiver of the bJach ofany one provlalon hmein aball not be deemed a waiver of
any other breach ofthe same piovision or tho bleach of any other pmvlalon hereof.
17.J The Parties may &om time to time UBe such expreaslona u "om property." or "our
bank account." or "om houso" when refcaina to property dmt ii by the tams ofthis Agreement solo
and separate property. Pudber. the Parties may fiom time to time c:omminglo aepuate and
community property, or may mab statemcalB or take aadons that are or appear to be iaconsiatent
with the oxpreaa tams ofthis Apeement. Notwltbstandlq any ofthe above. this Agreement may be
altered, amendod or modified only as 8Xpl'mly set fbrtb in this Section 17.
povisions of Section 21610 oftbe Callfi>mla Probate Code which provides u follows:
21610. Bxcept as provided in Socdon 2161 l. if a decedent fails to provicle in
instrumeata, the omitted spouse shall ieceiw a shans in 1he decedeat's escate.
CONFIDENTIAL -40-
~
(c) A share oftbe separate property oftbe decedent equal in value to that
which tho spouse would bavo nscelvod if tho docodant bad died without bavlq
executed a 1eslameldlry im1rument. but in no mmt la the share lo be more than en.
balfthe value of the sepmate property in the estate."
Bxcept u Is otherwise set forth herein, and in particular mccept as eat fol1b in Sections
7.2(C)(l}(4) wJth ftlSPeGt to 1Can1e•s Contribudon. each Party hen:by waiws his/her right to claim
or assert my lights unde.r Califimda Probate Code Section 2161 Oafter their ID8lrlage.
18.2 Bxcept u is otherwise set forth herein, IDd in particular axcept as set forth in Sections
7.2(CX1}(4) with respect to JCmye•s Con1n'buticm. each ofdie Parties hereby forever releases,
disclalma. waivea and relinquisbes all rfahts, clalms or lntmsta which be or she may otborwise bave
on die death of the otbor after 1IHsy are mmied In or lo the other's sepmate pzoperty and ~half
interest in 1ho community pzoperty of the Parties (if q) uadar f1Vflt1 applicable statute ofsucceaion
and under~ other law wblcb, except for 1hia Agreement. would give to the survivina spouse
certain rlgbts, Including but not limited to. the followlq dsJds povicled bl Califomia Probate Code
Section 141:
A. RJsbts to property that would pass atom the decedeut by intesta1e suooeasion.
B. The right to a probato homestead.
CONFIDENTIAL - 41 -
yJ
H. The right to a disllibutiw abare ID the escato of the other should be or aho die
clccedeut.
IC. The right to claim any interest in property that is the subject of a non-probate
transfer on dealb.
18.3 Nothing contained hcnin shall constlture a wa1wr by either Party of any bequest.
devise, or tranmr that tho o1bcr Party may choose to make to-her or him by WW. Trust, beadiciary
designation. or other iDslrummrt which resul1a la a tnmaferto ODO Party u a result oftbe death oftbe
other Party. However, except as set forth herein. the Parties acknowledge that no promises ofany
kind have been mado by either ofthem about providing for 1hc other through her or bis estate plan.
Upon the occummce of a Scparadon Bvent, all real and penonal property and all business
and investment in1erests of each Party characterized herein as that PBrtys sepmam property, whether
oWDed prior to mmiap or acquiied daereafter with her or his separate property, aball be ccmflrmed
to that Party as her or his solo and separam pzoperty. Aay property cbaractmized Jumsin as
community property ahall be divided equally betwean the Parties. as apecUically set forth bereiD.
20. INCQME TAX.
20.l Neither Party ahall at any time be UDde:r any obligation to file joint
federal. state or local iacomo tax mums with the other Party; however, the Pmtlea may file joint
relUnlS ifthey mutually agree. Ifthe Parties apee to file a joint mtmn ('m order to pay the leut tax
lcplly pennim'blo or for any other reason) with respect to reporting to any federal, state or o1her
CONFIDENTIAL -42-
taxing authority. thoy shall cooperate wi1b each other in the preparation of such joint return.
20.2 Bach Party shall pay for, lndO!J!nify and hold tho odu::r humless ftom,
all 18X liability including. but not limited to, penalties, interest, additional assessments and &es and
costs, lncludlag accountam. lepl and other professional fees and costs, in cmmectlon with any 1ax
audit that me attributable to her or his separate incomo or to tho disallowance of any eepmato
deductions on joint 1ax re1urDs filed by the Pardes. Each Party shall also hold 1be other hannless
fi:om Ill fees and expenses in connection with any mmmination. negotiation or litlpt:lon regarding
such liability.
20.3 In the event of any liability assessed by any 1aXiq authority in connection with any
jointly filed 1aX return as a result of the Parties' separate propeaty income, the liabill~ for such taxes,
inlmest, penalties. accounting and legal feel shall be tho financial ~bllity of the Party whose
separate~ income caused the Uab~. The bmmfit of any retimd aball be allocated
proportionately In accoldanco with the amount of taxes paid by tho Party with die ..,.ie pmpmty
income.
20.4 Tho filing ofjoint federal 8IJIJ/or state Income 1aX returns shall not affect the
cbancterization ofthe Parties' sepmate property Income or assets and shall not be deemed to be a
transmutation of either Pmty•s separate property to the other's separate property or to comm.unity
property.
may be requhed to sign documents relating to Kanye•a separate property. business or real properties.
Le., promissory aatcs, guarantees, deeds of conveyanoe (quitclaim deeds). deeds of1l'Wlt. or other
aimUar type documenls. 'Ibc signing by Khn of such documents shall In DO way after in any lll81IDm
CONFIDENTIAL -43-
the separate property intmst oflCanyo in and to said aaets, and Kim shall have no right. title,
ioteiest, Claim or cbmgo apJnst such poperty by NllOD of such slping. Kmye cioes hereby
indemnify and hold Kim harmless 1iom and against any liability, damages. ... mcludfng. but not
limited to, attomeys' fees and qourt costs, by ICISOD of Kim's sigaiDg such cloclaneata.
21.2 Kanye acknowledges that fiom time to ttmo durfD8 the marriage. as Kim's husband.
he may be requiml to sJgn dncnmmrts relating to Kim's sepamto property, business on'ell
properties. Le., pmmfssory notes. guar&meea. deeds of conveyanco (~deeds), deeds oftrust.
or other similar type documen18. 1he signing by ICanye of such docummts sbaD in DO way altar in
any llWIDm' the separate property interest of Kim In and to said aaets. and Kanyo shall bave no
right. title, iDlel:est. olalm or ebarge against suoh property by reason of such sJgning. Kim does
hereby jncfemnffy and hold ICanye humless fiom ind apinst any liability, damages. etc., iilolmHng.
but not limited to, attorneys' fees and court cosll, by teason ofKanyo's signing such documenta.
21.3 1henfore, each Party shall. at any ttmo 1JPO}l tbo request ofdm other or her or bis
successors or assigns. take all steps, and execute, acknowledge, and deliver to the other Party all
additional instruments necessary or expedient to accomplish and dec:tuato 1he latcnl and pm:pose of
this Apeement. to ielease or quitclaim any interest in tho aepuate property of the other and to
execute, deliver, and pmperly admowledge any deeds or other documeats in order that good and
mvlcetablo title to any sepande property can be eonveyCd by one Party he ftom any claim oftbo
other Party.
either Party to tho other, of any .character or nature except as set fbrth herein. Any and all prior
CONFIDENTIAL -44-
EXHIBIT 2
Agreement and each Party waives and 1'8leases hislhor right, if any, to seek to obtain any
contribution to or payment of said fees and r.oSIB &om the other Party.
C. In the event that either Party seob any tempomy or pcrmarumt spousal
support, maintenance or alimony for bersolf or himself1iom the other Party in an action for
dissolution of mmiap, nullity action, action tor lopl sepantion or in my separate action for
spousal support inr.onsistmt wi1h the agreed-upon lfmitations on spousal support set folth in Section
13.7 of1bJs Asreemeot (the "Moving Party"), the Mo'Ying Party shall pay all ofher or bis own
attomey, accounting, ex.port and o1hm fees and com iacuned and/or paid in connection with same
and tho Moving Party waives and releases hislh8r right, if any, to seek or obtam any conln"bution to
or payment of said fees and costs &om the other Puty. In the mm the Court finds tbat the Movfna
Party was not endtled to tho spousal support, maintenance or alimo111 sought ("mclucting as to amount
or team, or both) because the support requested was lnconslslent wi1h tho tmms of Section. 13.7 of
this ~the Moving Party shall pay the other Party's reasonable fees mid costs incumd in
any provlalons, covenants-, conditions, and obligatlona lmposecl by dds Agreement or l8gardfng any
claimed breach of any terms of this Agreement, before aPuty may seek court intervention with
respect to such dispute or claimed breadl. be or she must piovlcle the other Party with a writtm
notice of auoh dispute or claimecl 1nach. by band delivery or U.S. Mail -Return R.ecelpt Requested,
twenty (20) days prior to pursuing any legal action, and provide the other Party with an oppodlmity
to nsaolve tho dispute or cure the claimed breach. Ifthe dispute ia not iesolved or the claimad breach
is not cmed within twenty (20) days after notice is received and legal action relating 1haeto
thmeafter ensues, tho prevailing party in said lepl action shall be entitled to recover blalher
CONFIDENTIAL -46-
reasonable attorneys', acc:ountants' and experts' fees, costs and expenses incurred in comaection
therewith.
24. SEVERABILITY.
~part, section, and pmvision of this Agnsemeat sba1l bo sevemble 1ium oach other part of
this Agnemmit, and a determination that any part or parts of tbla Agreement are void, or for any
reason aro not enfoiceable, shall not a8'ect tbe validity and enforceability ofany other part or
25. CONm>ENTL\LITY.
2S.l To the ext.eat any terms oftho Parties' Confidentiality Apeemeat conflict with this
Agieement, then the tmma of this Agreement sball contn>L Tho dlsclOSUJeS set fDrth in this·
Apeement are being mado in the strioteat confidence 8lld solely for tho purpose of allowina tho
Parties to enter Into a binding qrcemcnt com:ernin1 their present and 1\Jture relationship.
Accon:linsly, the Parties shall reprd and presorve as confidential all flllml of tbis Agreemmd, the
Pardes' 1IX retums exchanged as part of the disolosurea hemmdcr, IDd all financial cllsol~
2S.2 Tho Parties &pee the 1mm8 oftbfs Agreement lllJd the financial disclosures made
pusuant to this Aflrecment shall not be disclosed to 8llJ pemon without the prior written consent of
die othm Party, other than to tho followina ponons:
B. Counsel that bas been retained or may be retained Id a tutme date for the
CONFIDENTIAL - 47 -
pmpose of drawing up or implemenling tho tams ofany WW or Trust 1br one or both of the Parties;
C. Coumel retained in connection with any litigation CC""'«'ring tbis Agnemem;
action;
F. Tho Parties' accoUldllds, financial advisom, tax prepams. and/or business and
personal managers, as necessary to effec:tuate the puzpoae ofsaid persons' •Pl""""'t and services.
25.3 'Ibis promise of confidentiality sball survive 1ho termination of the ielaticmsbip of the
Parties or of this Apemeot. lqjunctive and speoilio relief shall be available to enfim» the priwcy
provisions of this Agreement and to premve die confidentiality ofthe financial disclosures in tbo
attached Exlu'lrits without the need to prow im:mediable harm. inadequacy of other remedies or
special damages, md without the need to post a bond, undertaking or any other secarity.
25.4 In tho event that any Party receives any demand, request, subpoena or other process
seeking to require the production oftbis A&mmumt. tho Partiea' 1BX returns, or any Bxhibi1B mto,
the n:ceiving Party shall give prompt notice to tho other Party and aha1l cooperate to the tw1est
extent possible in any ctrort by the other Party to pmrent such disclosures, and the receiving Party
25.S Notblng contained hmeiD aha1l pzevent either Party from complying with lawtbl
25.6 Nothing cmdlined herein sball prevent either Pally from dlacloafng this Asreemimt,
the Bxhibita haeto, and other infmmation or documents disclosed by the Parties to each other in
comiection with the making of this Agreement or in any tubae action 1br nullity, amw1ment, legal
CONFIDENTIAL -48-
~
26. IORPM SELECTION.
26.2 Regardless of the State, country, or juriadiction in which Kim or ICanyo shall -1de
now or in the futme, the Parties agree that dda Agreement llld its validity, iut.eap~on and
cnfoa:omont shall be governed by tho laws ofthe S1Bto of Califi>mia applicable to apcments made
26.3 If either Party cqnthrues to Jelide in tho Sta1e of Califomla at the time of tho
MIDll!encwnent of any acdon for divorce. separation, or nullity of the mmiage by eldu:r Party, then
both Parties shall submit to the exclusive juriadic:dan of the courts of tho State of CalifOl'Dia. and
hereby select tbe County of Los ADsetes. State of Calffomia, as tho exclusive forum for 1Df action
26.4 The Parties entmed Into 1hls Agreement in tho County ofLos Angeles. S1ate of
Caliibmia.
27.2 No provision in this Agreemont is to be interpreted for or aplnst any Party because
27.3 This Agreement shall bo subject to and intelpieted under 1he laws of the S1ate of
Califomia. This Apemm is intended to and shall be govemecl by the ~Hfoada Uniform
axpiessly agree that it is their intent that this Agreement coven all r1glds and pmperty, real or
personal, whether such property is situatlld within or without tho Slate of Calffomia, or within or
CONFIDENTIAL -49-
~
without the United States of AmeriCL
27.S Tho community property and quasi-community property laws of the State of
California shall not apply to change tho separate propmty ofeither Party, or the income thelmom, to
community or quasi-community property. Moreover, the marital property laws of any other state
sball not apply to give either Party any property rishts other than those provided 1br in this
AsreemenL
27.6 The validity, intmptetadcm, cmutruction, lepllty, enforcement oftbfs Agreement, the
obliptions and rights hemmder, the t.eans and conditions thereto, tho meaning hereo( or any other
matter relating hereto shall bo govemecl by the lntemaJ Jawa. and not the law of conflicts, of the Stam
of Callfomia.
27.7 This Agreement shall bind and inure to the benefit of the Pmdes hereto and their
27.8 This Agreement contains the entire undenllBnding and agreement of the Parties and
there have been no promises, represcntadcms, apeoments, wmandes or underlaJdnp by eithar Party
to the other, either o&d or written. ofany chmacter or D8IUie except as set tbJth in the within
Agreement. Tho Parties further acknowledge tbat tbme are no oral agreements or side agm:ments
27.9 Kmye is presently out of the country and tbmefo&e he is unablo to~ his ldpatme
to this Agreement notarized. Tho Parties thare1Dre agreo that upon IC8Dyo's &etum to the courdry, ho
will execute the Agreement again be&ne a Notary Public. The Pa&ties ape 1hat the lack of
norarJzation of Kanyo's sipilturo to this Agn:emcmt bofom their marriage is soJemntn:d shall have
no o1rect whatsoever on the validity or llllfolceabWty of tho Agreement.
27.10 This Apeement may bo executed by tho Parties and their c:oumrel In couaterpmts and
CONFIDENTIAL -so-
by facsimile signatures, which when taken together will be deemed to be a fully executed document
The Parties agree and acknowledge that this Agreement does not encourage and/or promote
the dissolution of marriage pursuant to In re Marriage ofDawley, 11 Cal.3d 342, 131 Cal.Rptr. 3
(1976) and In re Marriage of Higgason, 10 Cal.3d 476, 110 Cal.Rptr. 897 (1973). In the event that
either Party files for the dissolution of their marriage, it is the Parties' intention that the court
detennine that this Agreement is valid, binding, enforceable and is not void as against public policy.
By: By:
. WASSER JUDITH L. POLLER
e s for Kimberly Kardashian Attorneys for Kanye West
By:
GARY FISHBEIN
California Attorneys for Kanye West
CONFIDENTIAL - 51 -
by facsimile slgnatuies. which when 1lbn together will bo deemed to be a tblly axec:uted document
the dissolution of marriage punuant to Jn ni Man1ap ofDawlq, 17 Cal.ld 342, 131 Cal.Rptr. 3
(1976) and In ,.. Marrlags ofHl111t11on. 10 CalJd 476, 110 Cal.Rptr. 897 (1973). ID. the GVel1t that
either Party tiles for the dissolution of their marriqo. it is the Parties' hdmdion 1hat the court
detennim that this Agreement is valid, bfnding. eatbroeable and is not void as against public policy.
By: By:
LAURA A. WASSBR.
Attom8yl Jbr Kimberly Kmdaahlm
By:
CONFIDENTIAL -Sl •
DECLARATION OF KIMBERLY KARDASHIAN
RE EXECUTION OF AGREEMENT
I have read the within Agreement between myself and my fiance, KANYE WEST.
I have not recently had any drug, narcotic, alcohol or any substance which would affect my
No one has made any representations to me, other than as set forth within the Agreement, to
I have had sufficient time to review, discuss and contemplate the Agreement.
I understand that the Agreement will be presumed valid under California law unless proven
otherwise. I further understand and agree that I cannot and will not allege in the fQture that the
Agreement is invalid due to duress, undue influence, due to any time constraints and/or any other
I declare under penalty of perjury under the laws of the State of California that the foregoing
CONFIOENTIAL - ~2 -
DECLARATION 01' Jl!MRERLY 1WUWJ11AN
RE EXBCJJTION or AGl!!iPf1!iNT
I haw not rcceady had any chug, narcotic, alcohol or any substance which would aft'ect my
No ono has mado any representations to mo. other than 88 set fmth within the Asreement, to
I undenumd that tho Asreemmt will be presumed valid under California law unless pioven
othmwiae. I turtber undmtand and agree tbat I cannot BDd will not allege in the fbtme 1bat Ibo
Ap'eemmlt is invalid due to cturea. undue influence. due to any timo conB1n1in1B and/or any other
I decJare under penalty ofperjury under the laws oftho Stale of Callfonria that the foJegoiDg
KIMBERLY KARDASHIAN
CONFIDENTIAL -52-
DECLARATION 011' KANYE WEST
UEXEcpTJONOlAGBQMBNT
I haw not JeCeDt1y hid any drug, narcotic. alcohol or any substma whleh womd Gfect my
No one bu made any rep1UN1"1fons to me, odJS Ullll u aet forth witbln the Apeement, to
( have had sufficieat time 1D rmcsw, diacuss and C:Chd151iiplafe the Apeemmd.
I undenrbmd that the Agreement will be premnned valid under CallfomJa law unless pmwn
otherwise. I fmther underscand and agree that I c:annot and will not allep in the futUle 1bat the
Agreement is in'Vllid due to duress, undue lnflmmce, due to any time constndDla and/or any other
I declare '1llder pmudty of peQllry under die law& oftho S1ldD of Califomfa that tho l>roaoin1
.Is true llld ccmect.
CONFIDENTIAL .53.
ATIORNEY CERTIFICATION
The undersigned hereby certifies that she is an attorney at law duly licensed and admitted to
practice in the State of California; that she has been employed by and compensated by KIMBERLY
KARDASHIAN, one of the Parties to the foregoing Agreement; that she has advised and consulted
with KIMBERLY KARDASHIAN in COMection with her property rights and has fully explained to
her the legal effect of the foregoing Agreement and the effect which it has upon her rights otherwise
obtaining as a matter oflaw; that KIMBERLY KARDASHIAN, after being duly advised by the
undersigned, acknowledged to the undersigned that she understood the legal effect of the foregoing
Agreement and KIMBERLY KARDASHIAN executed the same freely and voluntarily. This
By:
. WASSER\
ys for KIMBERLY KARDASHIAN
CONFIDENTIAL - 54 -
ATI'QRNEX !!!RTD'ICATION
The undeniped hereby certlflea that she is ID ldtom8y It law duly liceased and admitted to
practice in tho SWo of California; that she bas been employed by and compensated by KIMBBRLY
KARDASHIAN, one ofthe Parties to the fcm:golng Agraemem; that she bu advised and conmlted
with KIMBBRLY KARDASHIAN in connection with her property rigbtB and has tully explained to
her the legal effect of the fi>ieaoins Asieement and the effect which it has upon her rf.shts otbmwise
obtaining as a matter of law; that KIMBBRL~KARDASHIAN, after being duly advised by the
undersigned, acknowledged to the undersigned that she undentoocl tho lepl effect of the foregoing
Apsement and KIMBBRLY KARDASIUAN executed the same fi'eely md voluntarily. This
LAURA A. WASSBR.
Attomeys for KIMBBRLY KARDASHIAN
CONFIDENTIAL
N
A'ITORNRX QtBmJCATIQN
1he undersigned hl:nsby certifies that she is an attomoy at law duly licensed and admitt.ed to
practico in the State ofNew York; that she has been employed by and compensated by KANYB
WEST, one of the Parties to the foiegoing Agreement; that sho bas advised and consu1W with
ICANYB WEST in ommecdnn with~ property rigbm and bas 1blly explained to him the legal affect
ofthe foregoing Agreement and the etfect which it bas upon his r1ab1a otherwise obtaining as a
matter of law; that KANYB WBST, after being duly advJsed by the underslped, acknowledged to
the undersigned that he understood 1ho Jepl o&ct of the folegofag Asiecment and KANYE WJmT
exocuted the same fteoly and voluntarily In the piesenco ofthe undenigned. Thia attmuy
CONFIDENTIAL ·SS·
ATl'ORNJCY C"TmCATJON
The Ulldersipecl Junby certifies that he Is an attamey at law duly llceased and admitted to
praotice in 1he State of Qdilbmla; that he~ been employed by and compensated by KANYB
WBST. one oftho Parties to the fbregolng Asreenumt; that he bas adYiied and ccmsulted with
KANYB WBST in connecdon with bis poperty d8hD and bas tblly cxplaiaM to him the legal effect
of the foregoing Agreement and the effect which it bas upon his ri&fds otherwise oblafning u a
the undendgned tbat he undentood the legal ef!'ect of the fmegoiag Apeement and KANYB WBST
~ . . 111DO 1teoly and volumarily in tho Pft'ICDCO oftbo UDdersigned. Thia attorney
certification aball in no way bo construed u a waiver of the attomcsy.client pdvilep.
DATBD: -~-'_,,._"'__
t,.. 2014 BUl'BR. BUZARD. PISHBBIN & ROYCB LLP
CONFIDENTIAL. ·S6-
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
CONFIDENTIAL - 57 -
STATB OF CALIFORNIA )
. )as.
COUNTY OF LOS ANOBLBS )
I certify under PENALTY OF PBRJUR.Y undar tho Jaws of the State of Califomia that the
foiegoing pamgraph is true and comet.
CONFIDENTIAL -51-
EXHIBIT "A" TO PRENUPTIAL AGREEMENT
KIM KARDASHIAN
KARDABOMN
NET WORM
STATBAENT OF NETWORnt
STATEMENT
FEBRUARY 28,
28. 2014
AS8ED
CONFIDENTIAL REDACTED
, .
KARMHIAN
KIM KARDASHIAN
STATEMENT OF NET WORTH
FEBRUARY 28,
28. 2014
CONFIDENTIAL
REDACTED
WWW
KIM KARDASHIAN
STATEMENT OF REVENUES AND EXPENSES
TWELVE MONTHS ENDED DECEMBER
FOR THE lWELVE DECBJBER 31.
31. 2013
CONFIDENTIAL
REDACTED
WWHMN
KIM KARDASHIAN
STATEMENT OF REVENUES AND EXPENSES
FOR THE TWELVE MONTHS
MON'IHB ENDEO
ENDED DECEMBER 31,
31. 2013
CONFIDENTIAL REDACTED
BxJulrit B attached hereto, and all appreciation In value therefrom, regardless of cmiso. or from the
invescmeat or reinvestment tbcrcof dwing the Parties' contemplmecl marriage, is and 8haJl remain
the sole and sepll8fe property of that Party and aball be subject to hm'Jhis sole and exclusive ccmtrol
and dlspomtfon in the same mmmer u lf1bo Padies bad never maaied.
6.3 Kim and ICanye COY8Dlllt and 88ftlO 1bat Ill)' property acqubd by either durina 1heir
maaiage with bWll8l' ~ proped)' shall be the acqubiDa Party"s sole and separate property and
shall be subject to his/her sole management and control in the same manner as Jf the Parties never
married.
6.4 Khn and ICanye !=Ovenaat and qiee that all oaminp ml income ofIDY kind tom
any property owned by each Party at the dme ofthe collfcmplated muriage or acquired dudaa the
marriage includfns but not Umitecl to. the property de8CZibecl OD Bxhibit A and Bxbiblt B, reprdleu
of cause, or 1iom the investment orieinvestment thereof during the Partlm' ccmtanp1aled mmiage,
shall bo the sole and aopand8 property of tbat Party and shall be ralject to hlslhsr aole mid c:xclvaive
control and disposiclon in the same DU111Der u if the Parties bad mver married.
6.S Kanye CCMIDIDtl azut apes chat any hM:ntale or appeciatlon in value ofJCim11
separate property assets zesuhill81iom either J>altts seMces. work, skill, eilbrt or energy (and
income derived ftom 1bose acnmies) performed during their aumiap shall bo ICim11 IOle and
aeparase property, even lf tbe inaeuo in valuo ii attribulable In wholo or in part to either Party's
service8, akilll or efl'orta dudns.tbelr mmlage. ICJm coWIDID18 and apees that Ill)' lncreaae or
eppredaSfon in value of ICanye's separate property a8S8IB rcsultiDg &om either Party's services,
work. skill, eft'ort or onrqy (aml income derived &om tbose'soureea) perfonnecl during their
marriap shall bo Kanye'a solo and sepande property, even if tho lnmease In valuo la attributablo In
wbole or in part to either Party's services, skills or eflbrtB dm:iag their mmriap. IChn ml 1Can)'8
CONFIDENTIAL -10-
KANYE WEST ET AL
CASH BASIS
STATEMENT OF REVENUES AND EXPENSES ·CASH
-
CONFIDENTIAL REDACTED
CONFIDENTIAL 2
REDACTED
LIABILITIES:
REDACTED
CONFIDENTIAL 33
will aa.y community property be created as a result ofthofr marriage. except as specUlcally set 1brtb
heroin; and, tberetole, except as apecifically 8tlt tbrth hecein, no eommunity property rigid& or
iemedies of any type, whether piovidcd by c:umnt law or clianps in dl8 law, shall arise as a ftlSU1t
oftheir marriage with respect 10 the ICJlll8le property of Kim and Klnye.
C. To the extent ICfm renders services 10 improve Kmye's separate property,
Kim shall not seek and she apses she ahall DOt bo endtlod to seek reimbun1111111nt for said sorvices,
nor cJaim any risbt, dtlo or hden:st la his separate property by reason thereo£ To the eidmlt Kllllye
nmders services to improw Kim's separate pioperty, Kanyo shall not seek and be aarees be shall not
bo endded to seek relmbmaemant for said services, nor claim any riaht, title or iatcrcst in her
contributions made by Kanyo to 1ho Southampton Court Proparty owned by Kim, in tho mmt that
one Party contributes her or bis separate property towanl the olher Party's sepanto property, the
Parties shall enem into a sepande aareement in writing 11 to whedler said sepuate property
CONFIDENTIAL -12-
~
SEPARATE PROPERTY REIMBURSEMENT AGREEMENT
This Separate Property Reimbursement Agreement is entered into by the Parties pursuant
property (as that term is defined in Agreement) to or for _ _ _ _ __. which is the separate
Pursuant to the Agreement, Kanye and I hereby execute this Separate Property
said separate property of Kanye, and shall be reimbursed to me by Kanye from his separate
property in accordance with the provisions of Section 2640 of the California Family Code.
Dated:
CONFIDENTIAL
no rfaht ofrefmbuncment or ownmbfp dglds. In wb1cb case die CODlribadaa Party
alulll exeeute a Dec!maian of Gift. a form of which is atlllchod u Bxhlhlt B. and 1heze
shall be no risbt of nlmburaemat.
Except u set fimh in Section 7.2(C) of1bis Agreement, if tho Pudos do not axecuto a writhig u set
fmtb In sub-secdons (i) tllrouah (ill) ibove, any 8UCh separale pmperty contnDutiona made by one
Party towmd tho odier Party's sepanto pioporty aball bo deemed a gift &om 1ho contn1nating Pmty to
the other Party.
6.6 ICbn and Kanyo covenant and BSNO that my and all CO!DpC"llldion aad income earned
by each during their mmiago &om 1beir WOik eft'orlll and penona1 servlcos sball be that Party's sole
and sep111to property. Kim and ICanyo ahall each have tbe rigid. but not tbc oblipdon. to segregate
said eamfnp and compensadon in leparate property bank accountB In which tho other Party shall
have DO imaat.
6.1 KDn and Kanye covenant and aareo that my and all changes in. the form ofber or bf.a
SClplll8fO property shall not CODSlitute.a cbanp of cbmactmizaticm, and 1bat each PutYs separate
poperty aball remain her or his scplr8to pmperty reptdless of any c:Jumae in. form.
6.8 ICJm and Kmye covenant and qreo that any 8lld all contribulions by either Party
befmc or during the Parties' mmiap to axisdna and/or futmo pofit sbarlns pJ1111.9, pensions, IRAs,
Koop plans, andlor any otbar type of redrement plans or acc:olllds, or combinadona thereof
(°R.odremmrt Plau"). plus any appiecladon dmeon, wbotber or not adslq out of or ftmded by either
Party's aepmato piopat)' md whether or not arising out of .mcc. pedbnned duriag mardap. lhall
be that Party's sole and aopmaJe property and tho non-contributing Party amd community waive my
Jntenst thaein. Each Party's fntmest as a participant in my Retirement Plana with respect to
~Dudona made before or durin1 the Parda' mmiap sball be tho separlde pmpert.y of that Party.
CONFIDENTIAL -13-
11
11
EXBJBlT
EXHIBIT "P" AGREEMENT
PRENUPTIAL i\.Gll!EEMEN'f
TO fR.ENJJPTJAi
"D" TQ
SEPARATE PROPERTY ACOUISITION AGREEMENT
This Separate Property Acquisition Agreement is entered into by the Parties pursuant to
Pursuant to the Agreement, Kanye and I hereby execute this Separate Property
said separate property of Kanye as my separate property, in lieu of any right to be reimbursed by
Dated:
CONFIDENTIAL
SEPARATE PROPERTY ACQUISITION AGREEMENT
This Separate Property Acquisition Agreement is entered into by the Parties pursuant to
Pursuant to the Agreement, Kimberly and I hereby execute this Separate Property
said separate property of Kimberly as my separate property, in lieu of any right to be reimbursed
Dated:
CONFIDENTIAL
I,
II
6.12 Kbn aad Kaye acknowledge dust wbllo Califomia appella1D c:ase lawJeCOgalzes the
axiateaee of buaiucas goodwill and profassioaal goodwill, to dllle said cuo law bas not lecOpi7.ecl
tbe exiafellCe of "executive goodwill" or "celebrity goodwill" (i.e., tho fmlmalblo value ofeither
Party•s reputadon and/or eaqiectadon ofcoadaued public patronaae) u an ISIClt subject to division in
a maritll dfsaolutlon, legal separation or nulllty action. but may do ao It some future da1e.
A. Kim hereby mqnssly waives any and all clalma to or Interest fn any
pn>fesafonal. celebrity and/or oxecutive pdwill, righla ofpublicity and any and all professional,
celebrity and/or executive intanafble assets of any kind whmoever that Kanya may presently have.
or may establish in tho ftmue. ICmye'a goodwill, whetbm executlve, celebrity or any other form of
goodwill. ahall be and aemaiD his sole and separate pn>perty, whelher created or cnJumned befbrc or
profimioDsl, celebrity and/or mrec:utiw goodwill. rfahts ofpabllcity and any ad all pro&aioaal,
ceiebrity and/or execallve bdaap'ble assets of IA}' kUut whalsoever that Kim may presently have, or
may OlllabliBh in the fUture. Kim's pdwiD. whether execatlve, celebrity or my other fom of
gooclwill. sbal1 be and NDl8iD her solo and separate pJQpmty, whether cnamd or eahegcwl Wans or
6.13 All wedding sifts received by Kim and/or ICanye fiom IChn's &mily, frfcads. &ns
and/or business 88IOciates ("Kim's Assoclatlons") abaO be ICim's aolc and sepmate property. All
weddiq gifts received by Kim and/or Kmye fiom Kanye's &mily, fiieads. &as md/or buslnea
aaoniates ("Kanye's AssnclatiOJ28") shall be KanJe's solo and separate property. All weddfaa git\&
received by Kim and/or Kanye from indivlduala neither Party has met. ftom unknown pcnons, or
CONFIDENTIAL - ts-
DECLARATION OF GIFT TO KANYE
I, Kim Kardashian, declare that it is my intention to give my Spouse, Kanye West, this
gift of _ _ _ __, and that this gift shall be his sole and separate property for all time, with no
This Declaration is intended to comply with and is entered into pursuant to Section 6.SD
Dated:
Signed:
Kimberly Kardashian
CONFIDENTIAL
EXHIBIT 3
Ashley Montgomery
Laura A. Wasser
Wasser Cooperman & Mandles
Hi Laura,
I heard there’s an interest in a status-only judgment? Steve and I are available to discuss at 818-591-3700.
Christopher C. Melcher
WALZER MELCHER LLP
5941 Variel Ave.
Woodland Hills, CA 91367
(818) 591-3700 Office
(818) 620-8312 Mobile
NOTICE:
This communication does not create an attorney-client relationship with the recipient. Email between the attorneys and
clients of this firm are intended to be confidential. The lawyers in this firm are licensed to practice law only in the State
of California.
1
From: Laura Wasser <[email protected]>
Sent: Tuesday, September 21, 2021 11:05 AM
To: Christopher C. Melcher <[email protected]>; Vicki Newberger <[email protected]>
Cc: Amy Rice <[email protected]>; Esmeralda Castellanos <[email protected]>;
Ekwan E. Rhow <[email protected]>; Steven K. Yoda <[email protected]>; Annais Alba
<[email protected]>
Subject: Re: KW/KKW
Laura A. Wasser
Wasser Cooperman & Mandles
Dear Vicki,
Christopher C. Melcher
WALZER MELCHER LLP
5941 Variel Ave.
Woodland Hills, CA 91367
(818) 591-3700 Office
(818) 620-8312 Mobile
NOTICE:
This communication does not create an attorney-client relationship with the recipient. Email between the attorneys and
clients of this firm are intended to be confidential. The lawyers in this firm are licensed to practice law only in the State
of California.
Vicki
Dear Vicki,
There is a typo in the judge’s name on the last page. Can you send a new version of the last page for counsel to sign?
Christopher C. Melcher
WALZER MELCHER LLP
5941 Variel Ave.
Woodland Hills, CA 91367
(818) 591-3700 Office
(818) 620-8312 Mobile
NOTICE:
This communication does not create an attorney-client relationship with the recipient. Email between the attorneys and
clients of this firm are intended to be confidential. The lawyers in this firm are licensed to practice law only in the State
of California.
Counsel,
3
Attached for your signature please find the Stipulation regarding Advance Distribution of Certain Assets. Please contact
me if you are unable to open the attached or if you’d like for me to send the attached to you for your electronic
signature.
Vicki
The information in this email may be confidential and/or privileged. This email is intended to be reviewed by only the individual or organization named above. If
you are not the intended recipient or an authorized representative of the intended recipient, you are hereby notified that any review, dissemination or copying of
this email and its attachments, if any, or the information contained herein is prohibited. If you have received this email in error, please immediately notify the
sender by return email and delete this email from your system.
4
EXHIBIT 4
Ashley Montgomery
Attached please find the stipulation and order for the appointment of Judge Gordon. As well as the complete packet for
the Status Only Judgment and a packet with just the pages that require Kanye’s signature.
Hi Laura,
Christopher C. Melcher
WALZER MELCHER LLP
5941 Variel Ave.
Woodland Hills, CA 91367
(818) 591-3700 Office
(818) 620-8312 Mobile
NOTICE:
This communication does not create an attorney-client relationship with the recipient. Email between the attorneys and
clients of this firm are intended to be confidential. The lawyers in this firm are licensed to practice law only in the State
of California.
1
Proceeds" as used herein is dofined to mCllll tbe 8f088 Illes price of the subject real property. less all
costs of sale and payment of all Hens and encumbnmces thereon. Should that later acquired residence
be sold and ao Separadoa Bvent has occumd. Kim ID her sole election may use tho Net Sales
Proceeds to acquire a MW realdence in which tho Parties shall iesidc either on a 1bll time or part time
basis. All such residences~ by KJm in whole or~ part during tbe Parties' mmiage and
beloie a Sepmation Event with the'Net Sales Ploceeda, in whole or In part, from the sale of the
Southampton Court Pmperty (afngalarly and collecdwly "Subsequm Raidence(s)j shall be Kim's
sole and separate property. P.rovfded no Sepandon Bwnt has occuned. KIDye shall not be entitled
ta any reimbunemeDt for Kanye•s Contribution at tbe time ofICfm•s purchase(s) of die Subsequent
Residence(s).
Parties shall reside on a f\JU time or part time basis, pdorto or at the time ofsuch purcballe, it la 1he
Parties' ex.press inteadon dllt du:y shall U80 their best emms 1o eater into 8 new wriUm agreement
that (i) sets forth tho total amoailt of IC.mye's Conldbudon and IC1m•1 Comribatlon to tbe
Soutluunpton Court Property u of the dato of sale of the Soulbamplmi Court Property and (h) dlat
sets fiRtb the Pmties' aapcmmt with respect 1o 1heir iapecdw COlddbudon tq tbe payment of
cxpemes re1adng 1o their occapancy of the Sullsequat Rllidem:e(s). The Paa1ies hemby mqnsaly
covenant and aaree 1bat their failme 1o enter into this subsequent wrltkm asseement shall aot bo
deemed to be a mCb of this Agteement. shall be deemed sevorable from this Agreement. and shall
haw no ofkt wbatloever on either Party's rigbts and obliptions contained in thia Aprmeat.
CONFIDENTIAL -19-
FL-130
PARTY WITHOUT ATTORNEY or ATTORNEY STATE BAR NO.: FOR COURT USE ONLY
E-MAIL ADDRESS:
CASE NUMBER:
APPEARANCE, STIPULATIONS, AND WAIVERS STATUS ONLY
21STFL01626
1. Appearance by respondent (you must choose one):
a. By filing this form, I make a general appearance.
b. X I have previously made a general appearance.
c. I am a member of the military services of the United States of America. I have completed and attached to this form
Declaration and Conditional Waiver of Rights Under the Servicemembers Civil Relief Act of 2003 (form FL-130(A)).
3. Other (specify):
Date:
Date:
YE fka KANYE WEST
(TYPE OR PRINT NAME) (SIGNATURE OF RESPONDENT)
Date:
LAURA A. WASSER/ASHLEY L. MONTGOMERY
(TYPE OR PRINT NAME) (SIGNATURE OF ATTORNEY FOR PETITIONER)
Date:
CHRISTOPHER C. MELCHER
(TYPE OR PRINT NAME) (SIGNATURE OF ATTORNEY FOR RESPONDENT)
Page 1 of 1
Form Approved for Optional Use APPEARANCE, STIPULATIONS, AND WAIVERS Government Code, § 70673
Judicial Council of California www.courts.ca.gov
FL-130 [Rev. January 1, 2021] (Family Law—Uniform Parentage—Custody and Support)
WEST, KIMBERLY KARDASHIAN
FL-170
PARTY WITHOUT ATTORNEY OR ATTORNEY STATE BAR NUMBER: FOR COURT USE ONLY
E-MAIL ADDRESS:
Page 1 of 3
Form Approved for Mandatory Use DECLARATION FOR DEFAULT OR UNCONTESTED Family Code, § 2336
Judicial Council of California www.courts.ca.gov
FL-170 [Rev. January 17, 2020] DISSOLUTION OR LEGAL SEPARATION
(Family Law) WEST, KIMBERLY KARDASHIAN
FL-170
PETITIONER: KIMBERLY KARDASHIAN WEST CASE NUMBER:
Petitioner Respondent is presently receiving public assistance, and all support should be made payable
to the local child support agency at the address set forth in the proposed judgment. A representative of the local child
support agency has signed the proposed judgment.
8. Spousal, Partner, and Family Support (If a support order or attorney fees are requested, submit a completed Income and
Expense Declaration (form FL-150) unless a current form is on file. Include your best estimate of the other party’s income.
Check at least one of the following.)
a. I knowingly give up forever any right to receive spousal or partner support.
b. I ask the court to reserve jurisdiction to award spousal or partner support in the future to:
Petitioner Respondent
c. I ask the court to terminate forever spousal or partner support for: Petitioner Respondent
d. Spousal support or domestic partner support should be ordered as set forth in the proposed Judgment (form FL-180)
based on the factors described in:
Spousal or Partner Support Declaration Attachment (form FL-157)
written agreement
attached declaration (Attachment 8d)
e. Family support should be ordered as set forth in the proposed Judgment (form FL-180).
f. Other (specify):
FL-170 [Rev. January 17, 2020] DECLARATION FOR DEFAULT OR UNCONTESTED Page 2 of 3
DISSOLUTION OR LEGAL SEPARATION
WEST, KIMBERLY KARDASHIAN
(Family Law)
FL-170
PETITIONER: KIMBERLY KARDASHIAN WEST CASE NUMBER:
11. The judgment should be entered nunc pro tunc for the following reasons (specify):
12. X Petitioner Respondent requests restoration of the former name as set forth in the proposed Judgment (form FL-180)
(proceedings for dissolution or nullity of marriage only).
13. Irreconcilable differences have led to the irremediable breakdown of the marriage or domestic partnership, and there is no
possibility of saving the marriage or domestic partnership through counseling or other means.
14. This declaration may be reviewed by a commissioner sitting as a temporary judge, who may determine whether to grant this
request or require my appearance under Family Code section 2336.
16. I ask that the court grant the request for a judgment of dissolution of marriage or domestic partnership based on irreconcilable
differences and that the court make the orders set forth in the proposed Judgment (form FL-180) submitted with this declaration.
17.
X Status only judgment: This declaration is only for the termination of marital or domestic partner status. I ask the court to
reserve jurisdiction over all other issues not requested in this declaration for later determination.
I understand that a judgment of legal separation does not terminate a marriage or domestic partnership, and that I am
still married or a partner in a domestic partnership.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
FL-170 [Rev. January 17, 2020] DECLARATION FOR DEFAULT OR UNCONTESTED Page 3 of 3
DISSOLUTION OR LEGAL SEPARATION
(Family Law) WEST, KIMBERLY KARDASHIAN
FL-180
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
MARRIAGE OR PARTNERSHIP OF
PETITIONER: KIMBERLY KARDASHIAN WEST
RESPONDENT:KANYE WEST
JUDGMENT CASE NUMBER:
X DISSOLUTION LEGAL SEPARATION NULLITY 21STFL01626
X Status only
Reserving jurisdiction over termination of marital or domestic
partnership status
Judgment on reserved issues
Date marital or domestic partnership status ends:
1. This judgment contains personal conduct restraining orders modifies existing restraining orders.
The restraining orders are contained on page(s) of the attachment. They expire on (date):
(2) Parentage is established for children of this relationship born prior to the marriage or domestic partnership
j. Child custody and visitation (parenting time) are ordered as set forth in the attached
(1) Settlement agreement, stipulation for judgment, or other written agreement which contains the information
required by Family Code section 3048(a).
(2) Child Custody and Visitation Order Attachment (form FL-341).
(3) Stipulation and Order for Custody and/or Visitation of Children (form FL-355).
(4) Previously established in another case. Case number: Court:
k. Child support is ordered as set forth in the attached
(1) Settlement agreement, stipulation for judgment, or other written agreement which contains the declarations
required by Family Code section 4065(a).
(2) Child Support Information and Order Attachment (form FL-342).
(3) Stipulation to Establish or Modify Child Support and Order (form FL-350).
(4) Previously established in another case. Case number: Court:
l. Spousal, domestic partner, or family support is ordered:
(1) Reserved for future determination as relates to petitioner respondent
(2) Jurisdiction terminated to order spousal or partner support to petitioner respondent
(3) As set forth in the attached Spousal, Partner, or Family Support Order Attachment (form FL-343).
(4) As set forth in the attached settlement agreement, stipulation for judgment, or other written agreement.
(5) Other (specify):
n. Attorney fees and costs are ordered as set forth in the attached
(1) Settlement agreement, stipulation for judgment, or other written agreement.
(2) Attorney Fees and Costs Order (form FL-346).
(3) Other (specify):
o.
X Other (specify): See Attached Judgment of Dissolution of Marriage - Status Only
Each attachment to this judgment is incorporated into this judgment, and the parties are ordered to comply with each attachment's
provisions. Jurisdiction is reserved to make other orders necessary to carry out this judgment.
(Family Law)
WEST, KIMBERLY KARDASHIAN
1be earlier to occur of the .Ille ofthe nsidencc then owned by Khn or Kim's death, capped by the
value of the Net Equity in the said real property at that 1lme. Kanye shall exccua: a Last W'lll and
improvement expeaaes Kanyo and Kim pays with hialber sepande property relaling to the
~utbampton Court Property, ifany. The Pmdes' buslaess mllllllFI shall axcbanp upon receipt all
relevaat bills, illvoices, stalments, wWi and cbccb Rglll'diag such expeasea paid by Kaaye and
Khn.
7.3 Any and all fumisbinp K'.anye purchases for the Southampton Court Property or any
Subsequent R.esideac:es, or otherwise, aball remain his separate property and Kim aball haw ao
iateleat in the ftniahfnas purcbaaed by ICanye, ualeu tbae is a Declandion of Oift or 8eparlre
Property Rllimbmscment Apezmmt accompanyiag same. Any aad all fUmlahinp Khn pmcbasa
for 1he Southampton Comt Property or any Subsequent ~daces, or otharwise, shall remain her
8epande property ad ICmye aball have DO iafenlst fa tho flgafshlap purcbased by Kim. unliss Cbele
1be awidance of doubt, Kim shall have ao obllpdon to ielmbuae ICanyo for his fbmlsbinga
pUldLues, inoludiag for the Southampton Court P!operty, aad Kan~ ahall have no obliption to
reimburse Kim for any of her fUmfshings purcbas., aad each Party shall own the ftlralab1ap he/she
7.4 Kanye will be "8p0Dlible for and shall pay the mortpge, property taxes, lnaurmu:e.
repain aad maintaumce. hom.eownm fees, utilities, houaekeeplas. maid, gardening semce and pool
service. and any other 8xpemes aria1Dg out of his owncnhlp of the Houston Avenue Property and the
CONFIDENTIAL -22-
FL-347
PETITIONER: KIMBERLY KARDASHIAN WEST CASE NUMBER:
21STFL01626
RESPONDENT: KANYE WEST
5. b.
X Health insurance
Until judgment has been entered on all remaining issues and has become final, the
X petitioner X respondent
must maintain all existing health and medical insurance coverage for the other party, and that party must also maintain any
minor children as named dependents, as long as that party is eligible to do so. If at any time during this period the
X petitioner X respondent is not eligible to maintain that coverage, that party must, at his or her sole expense,
provide and maintain health and medical insurance coverage that is comparable to the existing health and medical insurance
coverage to the extent it is available.
If that coverage is not available, the X petitioner X respondent is responsible for paying the health and medical
care for the other party and the minor children to the extent that care would have been covered by the existing insurance
coverage but for the dissolution of marital status or domestic partnership, and will otherwise indemnify and hold the other party
harmless from any adverse consequences resulting from the loss or reduction of the existing coverage. "Health and medical
insurance coverage" includes any coverage under any group or individual health or other medical plan, fund, policy, or program.
c.
X Probate homestead
Until judgment has been entered on all remaining issues and has become final, the X petitioner X respondent
must indemnify and hold the other party harmless from any adverse consequences to the other party if the bifurcation results in
a termination of the other party's right to a probate homestead in the residence in which the other party resides at the time the
severance is granted.
d.
X Probate family allowance
Until judgment has been entered on all remaining issues and has become final, the X petitioner X respondent
must indemnify and hold the other party harmless from any adverse consequences to the other party if the bifurcation results in
the loss of the rights of the other party to a probate family allowance as the surviving spouse or surviving domestic partner.
e.
X Retirement benefits
Except for any retirement plan, fund, or arrangement identified in any order issued and attached as set out in paragraph 3, until
judgment has been entered on all remaining issues and has become final, the
X petitioner
X respondent must
indemnify and hold the other party harmless from any adverse consequences to the other party if the bifurcation results in the
loss of the other party's rights with respect to any retirement, survivor, or deferred compensation benefits under any plan, fund,
or arrangement, or to any elections or options associated with them, to the extent that the other party would have been entitled
to those benefits or elections as the spouse or surviving spouse or the domestic partner or surviving domestic partner of the
moving party.
f.
X Social security benefits
The moving party must indemnify and hold the other party harmless from any adverse consequences if the bifurcation results in
the loss of rights to social security benefits or elections to the extent the other party would have been entitled to those benefits
or elections as the surviving spouse or surviving domestic partner of the moving party.
21STFL01626
RESPONDENT: KANYE WEST
j.
X Other conditions that are just and equitable
Other: 1) See Attachment to Judgment of Dissolution of Marriage - Status Only, incorporated herein
WARNING: Judgment (Family Law) (form FL-180) (status only) must be completed in addition to this form for the status of the
marriage or domestic partnership to be ended.
6 Petitioner Kimberly Kardashian West (“Petitioner”) and Respondent Kanye West, now
7 known as Ye, (“Respondent”), collectively referred to herein as the “Parties,” or individually as a
8 “Party,” by and through their respective counsel, hereby stipulate that this Court issue and file the
9 following Judgment of Dissolution of Marriage (Marital Status Only) (hereinafter “Status Only
10 Judgment”) on an uncontested basis.
11 The stipulation for this Status Only Judgment is made with reference to the following facts:
12 A. Petitioner and Respondent were married on May 24, 2014.
13 B. The Parties have four minor children from their marriage: North West, age 8, Saint
14 West, age 6, Chicago West, age 3, and Psalm West, age 2.
15 C. Irreconcilable differences have arisen between Petitioner and Respondent, as a result
16 of which they separated on December 26, 2020.
17 D. The Parties acknowledge, and based thereon the Court finds, that the Parties entered
18 into a Prenuptial Agreement, executed by Petitioner on Mary 16, 2014 and executed by Respondent
19 on May 20, 2014 and certified by the Parties’ respective lawyers on May 16, 2014 for Petitioner and
20 May 22, 2014 for Respondent, and entered into an Acknowledgment of Property Disclosure and
21 Waiver of Further Disclosure executed by the Parties and their respective counsel in May 2014. The
22 Parties further acknowledge, and based thereon the Court finds, that in or about December 2016,
23 pursuant to the Prenuptial Agreement, the Parties each executed a Separate Property Reimbursement
24 Agreement memorializing Petitioner’s separate property contribution in the stated amount to the
25 acquisition/improvement of the Long Valley family residence. The Parties acknowledge and agree
26 that the Prenuptial Agreement, the Acknowledgement of Property Disclosure and Waiver of Further
27 Disclosure and the Separate Property Reimbursement Agreement (collectively “the Prenuptial
28 Agreements”) are each valid and enforceable and based thereon the Court so finds.
-1-
MARRIAGE OF WEST JUDGMENT - BIFURCATION
L.A.S.C. CASE NO. 21STFL01626 jdg.101921 (status)
1 E. On February 19, 2021, Petitioner commenced this proceeding by filing a Petition for
2 Dissolution of Marriage in the Superior Court of the State of California for the County of Los
3 Angeles (“the Court”): In Re Marriage of West, Case No. 21STFL01626 (“the Dissolution
5 F. Each of the Parties resided continuously in the State of California and in the County
6 of Los Angeles for a period in excess of six months prior to the date of filing of the Petition in the
7 Dissolution Proceeding. The Court has jurisdiction over the Parties and over the subject matter of
9 G. Pursuant to Family Code Section 2337 (b), the Parties agree to defer service of their
10 respective Preliminary Declarations of Disclosure until a later time and further agree to enter into
11 this Status Only Judgment without receipt and review of the other Party’s Preliminary Declarations
12 of Disclosure.
13 H. The Parties desire that the Status Only Judgment be signed and filed at this time. The
14 purpose of the Status Only Judgment is to permit the Court to order the termination of the marital
15 status, restoring the Parties to the status of unmarried persons.
16 I. In order to accomplish this, the Parties desire that trial of the issue of termination of
17 the marital status be bifurcated and severed from the trial of all other issues and that the Court
18 reserve jurisdiction over all other issues in the Dissolution Proceeding.
19 J. The Parties acknowledge and agree that, following the execution of this Status Only
20 Judgment, each retains any and all rights and obligations set forth in the Family Code. The Parties
21 understand that such rights and obligations include the fiduciary duties set forth in Family Code
22 Sections 721 and 1100 et seq. The Parties further acknowledge and agree that the Automatic
23 Temporary Restraining Orders set forth in the Summons and in the Family Code remain in full force
25 K. The Court shall reserve jurisdiction to hear and determine all issues raised by the
26 Petition and Response herein, other than dissolution of the parties’ marital status.
27 L. The Parties acknowledge that: (1) he or she has read, reviewed, and discussed the
28 contents of this Status Only Judgment with his or her counsel; and (2) this Status Only Judgment has
-2-
MARRIAGE OF WEST JUDGMENT - BIFURCATION
L.A.S.C. CASE NO. 21STFL01626 jdg.101921 (status)
1 been entered into voluntarily and free from duress. By executing this Status Only Judgment, each of
2 the Parties hereto acknowledges his and her understanding of the legal effect and enforceability of
4 M. This Status Only Judgment may be executed in signed counterparts, each of which
5 shall be deemed to be an original. A facsimile and/or electronic copy of the signature pages of this
6 Status Only Judgment shall be deemed an original pursuant to California Rule of Court, Rule
13
APPROVED AS CONFORMING TO THE STIPULATION OF THE PARTIES:
14
DATED: October ___, 2021 DATED: October ___, 2021
15
17
By: _____________________________ By: _____________________________
18
LAURA A. WASSER, ESQ. CHRISTOPHER MELCHER, ESQ.
19 Attorney for Petitioner Attorneys for Respondent
20
ORDER
21 IT IS SO ORDERED.
22
DATED: ____________________ _____________________________________
23 JUDGE OF THE SUPERIOR COURT
24
25
26
27
28
-3-
MARRIAGE OF WEST JUDGMENT - BIFURCATION
L.A.S.C. CASE NO. 21STFL01626 jdg.101921 (status)
FL-190
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) : FOR COURT USE ONLY
RESPONDENT:KANYE WEST
CASE NUMBER:
NOTICE OF ENTRY OF JUDGMENT STATUS ONLY
21STFL01626
You are notified that the following judgment was entered on (date) :
1. Dissolution
2. X Dissolution - status only
3. Dissolution - reserving jurisdiction over termination of marital status or domestic partnership
4. Legal separation
5. Nullity
6. Parent-child relationship
7. Judgment on reserved issues
8. Other (specify) :
Date:
Clerk, by , Deputy
Under the provisions of Code of Civil Procedure section 1952, if no appeal is filed the court may order the exhibits destroyed or
otherwise disposed of after 60 days from the expiration of the appeal time.
I certify that I am not a party to this cause and that a true copy of the Notice of Entry of Judgment was mailed first class, postage
fully prepaid, in a sealed envelope addressed as shown below, and that the notice was mailed
Form Adopted for Mandatory Use NOTICE OF ENTRY OF JUDGMENT Family Code, §§ 2338, 7636, 7637
Judicial Council of California www.courtinfo.ca.gov
FL-190 [Rev. January 1, 2005] (Family Law-Uniform Parentage-Custody and Support)
WEST, KIMBERLY KARDASHIAN
EXHIBIT 5
rights sho or he may otherwiao bo entitled to punwmt to Family Code Section 2640. . ·
C. Upon tho occmrence of a Separation Event. either Party may buy-out tho other
Party's community interest in the Joint Real Proparty. subject to either Party's right of relmbunement
as set forth herein. In the event of a buy-out. lf1bo Parties..., unable to apoe on the fair nwbt
value of the subject property, the Parties aball utilbo the Appaisal Prociess to detenniu the &ir
marbt value. Jn the event ei1her Party elects to buy-out the olher Party's o~balf comm.unify
interest. the other Party's om-half mmmunlty Interest ahall bo calaulated as follows: the &Ir market
value, lcu all exiatiq encamlmmcos apinat tbe Joint Real Plopc:rty, lesa each Party's separate
· property ccmln'butiou, divided by two. Jn tho oveat that a Party buys out the other Party's fmrest.
tbero will be no acUustmc:nt for estimaal taxes. commlssiom. and/or closing costB. Jn the event
neither of the Parties elects to buy out the o1her Party's one-half community inme.tt in the Joint Real
Property. it shall be listed for Ille with a mutually aareed-upon real estate agent and/or broker, and
sold for the best oblainable price. 1be nit sales prooeeda shall bo divided equally, except both Parties
shall fint be entitled to reimbursement tor any 8epllldD proJICll'lY contributions as set forth in this
Secdon7.8.
fUJJy axecut.oc1 Separate Property Reimbursement Apemumt. ICim and lCIDye waive bf&lber
potential Califomia Family Code Section 2640 reimbunemeatclaima. The Pmdea acknowledge that
CONFIDENTIAL -25-
EXHIBIT 6
Ashley Montgomery
Thank you, Laura. I can assure you that, as far as we know, we know of no issue that our client has regarding the validity
of the PNA. So, there is nothing for us to say in that regard. But, as you also know, we face challenges in communicating
with our client – and the validity of the prenup (with all of its related legal implications) is a heavy issue to broach. If the
goal is to obtain a status-only judgment expeditiously, I suggest that we do what we can to minimize the need for legal
explication. Removing paragraph D accomplishes that. We can still bifurcate status and ratify the prenup later.
Steven K. Yoda
Partner
WALZER MELCHER LLP | 5941 Variel Avenue | Woodland Hills, CA 91367
T: (818) 591-3700
NOTICE:
This communication does not create an attorney-client relationship with the recipient. Email between the attorneys and clients of this firm are intended to be
confidential. The lawyers in this firm are licensed to practice law only in the State of California. Rules governing our practice before the Internal Revenue Service
require that we advise you that any tax advice in this communication (and any attachments) (i) is intended only for the addressee and (ii) is not written with the
intent that it be used, and in fact it cannot be used, to avoid penalties imposed under the Internal Revenue Code or to promote, market, or recommend to another
person any tax-related idea.
Steve,
We will begin to make these changes. The only one I see as problematic is the ratification of the parties’ PNA in
paragraph D on page 1. If your client has an issue with the validity of the PNA we would like to know now.
Additionally, I note the Judge Cochran’s name is on the bottom of the stipulation regarding amen dment to pleadings and
change of case name. My understanding was that we agreed to have Judge Gordon appointed in order to expedite the
entry of the status only Judgment. This document should be revised and can be submitted and executed by Judge
Gordon just prior to the Judgment documents.
LAW
Dear Ashley,
First, as you know, Kanye changed his name to Ye. So, as a housekeeping matter, we prepared a stipulation changes the
case name to “Kimberly Kardashian West v. Ye.” Please see attached and let us know if you have any
edits/comments. For consistency’s sake, please change all of the forms so that Respondent’s name is Ye.
Sincerely,
Steve
Steven K. Yoda
Partner
WALZER MELCHER LLP | 5941 Variel Avenue | Woodland Hills, CA 91367
T: (818) 591-3700
NOTICE:
This communication does not create an attorney-client relationship with the recipient. Email between the attorneys and clients of this firm are intended to be
confidential. The lawyers in this firm are licensed to practice law only in the State of California. Rules governing our practice before the Internal Revenue Service
require that we advise you that any tax advice in this communication (and any attachments) (i) is intended only for the addressee and (ii) is not written with the
intent that it be used, and in fact it cannot be used, to avoid penalties imposed under the Internal Revenue Code or to promote, market, or recommend to another
person any tax-related idea.
2
EXHIBIT 7
Ashley Montgomery
Hi Ashley,
Nothing new to report. Once I receive the signatures, I will let you know.
NOTICE:
This communication does not create an attorney-client relationship with the recipient. Emails between the
attorneys and clients of this firm are intended to be confidential. The lawyers in this firm are licensed to
practice law only in the State of California. Rules governing our practice before the Internal Revenue Service
require that we advise you that any tax advice in this communication (and any attachments) (i) is intended only
for the addressee and (ii) is not written with the intent that it be used, and in fact it cannot be used, to avoid
penalties imposed under the Internal Revenue Code or to promote, market, or recommend to another person
any tax-related idea.
Cynthia,
1
From: Cynthia J. Ponce [mailto:[email protected]]
Sent: Friday, October 22, 2021 11:56 AM
To: Ashley Montgomery <[email protected]>; Steven K. Yoda <[email protected]>
Cc: Laura Wasser <[email protected]>; Christopher C. Melcher <[email protected]>; Amy Rice
<[email protected]>; Esmeralda Castellanos <[email protected] >; Vicki Newberger
<[email protected]>; Ekwan E. Rhow <[email protected]>
Subject: RE: KW/KKW
Ashley,
I have not received the client’s signatures. I will let you know as soon as I do.
NOTICE:
This communication does not create an attorney-client relationship with the recipient. Emails between the
attorneys and clients of this firm are intended to be confidential. The lawyers in this firm are licensed to
practice law only in the State of California. Rules governing our practice before the Internal Revenue Service
require that we advise you that any tax advice in this communication (and any attachments) (i) is intended only
for the addressee and (ii) is not written with the intent that it be used, and in fact it cannot be used, to avoid
penalties imposed under the Internal Revenue Code or to promote, market, or recommend to another person
any tax-related idea.
Cynthia,
2
property by virtuo of said c:omminglina.
9.4 To the extent that either Party uses a joint bank account to pay 1be separate PJQperty
oblipdons of the otlicr Party. said payment aball be deemed a lift, and there shall be no right to
reimbunlement for such expemlitures. unless both Parties aecure a Separate Psopmty
ReimbmscmcDt Asreement.
9.S Upon 1bo OCQlmmce of a Sepamdon Bvcar. the balaace(a) oftbe jointly tided blnk
account(s) at the time of the Sepandion Bvent shall bo diYided between tbo Parties in accordance
with their pro-rate contribudons of Separate Property to such balance(•). In 1he mmt etthar Pmty
dies and no Separation Bvent has occumd, any ftmds In any joint bank ICCOUD1(a) shall pus to tbo
surviviq spouse 88 bis/her aeparato pmperty.
separare property or sepmte income of eidlar Party shall addlCl' chanao norcomtilulc a chaup of
character of that property or incomo, nor shall it CODltitute a tnmsmutation of that separate property
or income inlo community, quasi-community, joint, marital. or similar typo of property. The Plldea
heroby rebut the community property prcsumptiona punuant to Family Code Section 2581. Pmswmt
to Family Codo Section 2S8l(b). 1hfs Apement shall conatitD1D a written agreement to rebut ll8id
piesumptioas and eslabliah 1hat all sep1111de property or &epUUe income of1he Pllties aball remain
the separate property or scpmte incomo of that Puty, except 88 oxpias1y otherwise provfdm In dds
Agreement.
I 0.2 In the event a Party gives to tho otber Party a Power of Stsnaturo on any of their
accounts. tbo Powar of Slpaturo on tho account or accounta of the other Party shall not Cl'Clde a joint
account and shall not make any asaeta in said account or accounts tbo other Party's community
CONFIDENTIAL -28-
Subject: RE: KW/KKW
Importance: High
Cynthia,
Attached please find all the forms that Ye needs to execute today (i.e., Appearance, Stipulation and Waiver form, the
Status Only Judgment, and the Stipulation and Order to appoint Judge Gordon).
If there are any revisions, please let me know as soon as possible. As I stated below, we would like to get everything
signed today.
I am also attaching the executed stipulation re case name change. I revised the stipulation to reflect that Judge Gordon
will be the judicial officer for the case. Please provide our office with a fully executed copy.
Ashley,
I am in court then meetings today in downtown. I am copying our associate, Cynthia Ponce, to coordinate. I did not
realize the urgency.
Steven K. Yoda
Partner
WALZER MELCHER LLP | 5941 Variel Avenue | Woodland Hills, CA 91367
T: (818) 591-3700
Hello Steve,
Following-up on the below as I believe both clients would like to get this done today. I am also attaching
to this email just the forms that Ye needs to sign. Please let me know if any revisions need to be made so
that we can do so ASAP.
4
property.
10.3 In the event a Party aivea to the other Party a Special or Oema1 Power of AUomoy.
the Power of AUomoy sblll not chanp nor comtitute a challp of chmctar of any aepuate property,
nor aball it constitute a tnn11111dation of any separate property or income into community, quasi-
fiduciuy responsibility with respect to inveslment oppommitles that arise duriDa maniap and the
obligation ofspouses to advfae the other ofsuch oppommitlea and to invest c:ommunity or the other
spouse's aoparate property in such investments.
11.2 ICim and Kan70 coveamt ml apo dlat neither sball baw a flducfary or other
responsibility duriaa their mmiage to notify die other llldlor the community, or to provide the
opportunity to the 01her Party and/or the community, reprdina any invoatment opportunities lbat
become known to her/him during marriage. Both Pmtiea lllM that any invesbDeDt oppmtanitiea
made known to either of them dmlna maaiago are the separate property of the Party.that received
12. DIBTS.
12.l Kim ad Kanye each have certain separate deb11 and Obliptions which shall ninain
and be their sole aepmate debta after the date of their marriage. Bach Party aareea to remain
RlllpODlible for paying her or his respecliw ~ debla and obllaadom eadlling at the Opemtiw
Date as set forlh on Bxbibita A and B, reapectively. 'lbo other Party sball not be liable for tboao
obliptioDS, and each Party shall indemnify and hold the other Party hmmleas thereiom.
12.2 Bxcept as otharwiso o:xprasly tet forth in dais Agreemalt, debes incurred by ehher of
CONFIDENTIAL -29-
EXHIBIT 8
LAW OFFICES
VIA E-MAIL
Christopher C. Melcher
Steven K. Yoda
WALZER MELCHER LLP
5941 Variel Avenue
Woodland Hills, CA 91367
VIA EMAIL
Ekwan E. Rhow
Bird, Marella, Boxer, Wolpert, Nessim,
Drooks, Lincenberg & Rhow, P.C.
1875 Century Park East, 23rd Floor
Los Angeles, California 90067-2561
Counsel:
Sincerely,
LAURA A. WASSER
LAW;vn
Enclosure
cc: Kim Kardashian
Lou Taylor
to Melcher.112421.docx
EXHIBIT 9
Ashley Montgomery
Thank you very much, Laura. We will do our part to tie up all these loose ends. As to the name change, I know I once
saw a stipulation earlier but I lost track of it. We’ll dredge it up and include it as part of the packet of documents to be
filed.
Steven K. Yoda
Partner
WALZER MELCHER LLP | 5941 Variel Avenue | Woodland Hills, CA 91367
T: (818) 591-3700
NOTICE:
This communication does not create an attorney-client relationship with the recipient. Email between the attorneys and clients of this firm are intended to be
confidential. The lawyers in this firm are licensed to practice law only in the State of California. Rules governing our practice before the Internal Revenue Service
require that we advise you that any tax advice in this communication (and any attachments) (i) is intended only for the addressee and (ii) is not written with the
intent that it be used, and in fact it cannot be used, to avoid penalties imposed under the Internal Revenue Code or to promote, market, or recommend to another
person any tax-related idea.
Hi,
We are good to go. Please review forms as they may have changed since original stip was prepared. Ye will need to sign
all incident judgment forms if we are to submit for filing and withdraw RFO.
On that note, has your office filed the stipulation for name change? I want to make sure this doesn’t get bounced based
on the fact that he is Ye as opposed to Kanye.
LAW
Hi Laura,
Sorry to pester. Just wanted to put this at the top of your inbox. Please let us know if this version of the
status-only judgment (previously prepared by your office) works for you. If so, I am told there’s a
chance to get Ye to sign this week.
Sincerely,
Steve
Steven K. Yoda
Partner
1
13.3 The Parties aobowtcdge that the stato oftbe law in Califomia regmdina spousal
support waivers and limitations ~be somewhat in flux givou the iecent ruling in In Rd Marrtaga
ofFacta, 212 Cal.App.4th 967, 152 Cal.Rptr.3d 79 (2013). It ii 1lle hdadion aad deahe of both
Kim 8Dd Kanyc for the Court in any mture potmdial marital clllsolution or !cpl separation
proceeding betwm them to uphold and enfcm:e the spoasal support limitations set forth herein and
that tho Court award spousal support fn ICCOldance with and as liml1ed by the terms ofthis
Asreement. even if tho Court defemrinos at the lime of the Parties' dissolution or legal separation
that doing so would bo -.mJust" or would fail 1D pennit a Party to continue to live at the mmital
8fllldard ofUvina eqfoyed by the Parties during marriage, Tho Parties expnmly agree that it ii thefr
intention that the standard for the Court to uso in meesfng unconscionabllity ofthe limitations of
spousal support set forth hemiD shall be whethar enforcina the limitations will mider a Party a
13.4 Tho Parties 1blther acknowledge 1bat they me aware of Family Code Section 1612(c),
quoted below, which provldea that pmmari1BI agreements repnUng spoU88l support are not
enfmceable iftbc Party apimt whom enfol'OelllOllt of said provision is aouaJrt was not repraenled
by indepondent counsel at the time the Promarltal agmemeiit is signed. or if the sp0usal support
limi1ation provisions are unr.onsclonable at the time of cnforoemmt, whether or not each Party bad
independent counsel at 1be time ofexecullon ofthe Asreemea1 Pamily Code Sec:tion 1612(c) states
inibll:
hlclwlias. but not limited to, a waiver of It, is not cnfcm:eable if the party against
whom eaforcemant oftho spo11111 support provlalon is sought was not represemed by
independent counsel at the time Ibo aaieemmt t.ODtainins tbe provJalon was signed.
CONFIDENTIAL -31-
EXHIBIT 10
1 ATTACHMENT 3.a.2
3 To preserve the claims of each party in all retirement plan benefits on entry of judgment
4 granting a dissolution of the status of the marriage, the Court orders as follows with respect to each
5 retirement plan in which either party is a participant: An interim order preserving the non-
6 employee’s rights, if any, to retirement plan benefits, including survivor and death benefits. This
7 interim order is not intended to alter or modify in any respect any of the terms and conditions of the
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MARRIAGE OF WEST ATTACH.3.A.2
L.A.S.C. CASE NO. 21STFL01626 Att.3.a.2
1 PROOF OF SERVICE
3 I am employed in the County of Los Angeles, State of California. I am over the age of 18 and
not a party to the within action; my business address is:
4
☒ 2049 Century Park East, Suite 800, Los Angeles, CA 90067-3110;
5 ☐ Whissler Attorney Service, P.O. Box 341801, Los Angeles, CA 90034.
On February 23, 2022, I served the foregoing document(s) described as: PETITIONER’S
6 REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF REQUEST
FOR STATUS ONLY BIFURCATED JUDGMENT; DECLARATIONS; EXHIBITS on the
7 interested party(ies) in this action:
8 ☒ By placing ☐ the original ☒ a true copy thereof enclosed in sealed envelope(s) addressed
as follows:
9
10 ADDRESS(ES)
Christopher C. Melcher Ekwan E. Rhow
11 WALZER MELCHER LLP Bird, Marella, Boxer, Wolpert, Nessim,
5941 Variel Ave. Drooks, Lincenberg & Rhow, P.C.
12 Woodland Hills, CA 91367 1875 Century Park East, 23rd Floor
[email protected] Los Angeles, California 90067-2561
13 [email protected]
☒ VIA ELECTRONIC TRANSMISSION
14 A copy of the above-referenced document(s) was transmitted, via email, to the above
addresses on said date pursuant to Code of Civil Procedure section 1010.6 subdivisions (e)(1)
15 and (2). I have confirmed by telephone or email the appropriate electronic service address
for counsel being served prior to service.
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