In court docs filed by the 44-year-old rapper’s lawyer on Friday, February 25, and obtained by Us Weekly, the KKW Beauty founder’s comments about his social media posts are slammed as “double hearsay” and West wants the comments stricken.
On Thursday, February 24, Us obtained court docs where Kardashian, 41, responded to her estranged husband’s objection to her request for a separate trial to declare her single (he offered a list of stipulations that needed to be met before he’d agree earlier this month).
In the Skims founder’s latest filing, she noted, “Kanye has been putting a lot of misinformation regarding our private family matters and co-parenting on social media which has created emotional distress.”
West’s lawyer, however, argues that her comments are not allowed to stay on the record since she didn’t provide the posts along with her statement.
“Kim claims she read something online allegedly by Kanye and characterizes the posts in her declaration as misinformation,” the Friday filing from the rapper’s attorney states. “The social media posts are not attached to the declaration. Kim needed to offer the social media posts into evidence, and show that the posts were written by Kanye.”
Since the posts were not submitted as evidence, the comments could be stricken from the record. However, Kardashian could keep her statement on the record by submitting the Instagram posts in question.
Proving that Kanye wrote his Instagram posts, which included alleged screenshots of text messages with his estranged wife, is required — and the Yeezy designer may have made that very easy. He posted a photo of himself on February 13 holding up a legal pad that was dated with the statement, “My account is not hacked.”
The filing does not mean that the “Donda” rapper is denying he penned his Instagram posts. It’s just a legal step that was seemingly overlooked and needs to be handled.
The same goes for their prenuptial agreement. “The presumption of invalidity exists until rebutted at trial or the parties ratify the agreement. We are in the early stages of the case so no ratification has occurred,” the legal docs say.
The pair signed a document before tying the knot in May 2014, and at this point in their divorce case, they have yet to ratify the prenuptial agreement. That doesn’t mean West disagrees with the terms of the prenup, but it is just noting that they haven’t gotten to that step in the process.
This is relevant because of the Grammy winner’s demands amid the Keeping Up With the Kardashians alum’s request to be declared legally single. He objected to her petition with concerns about their custody and property agreements that have yet to be handled.
Per the docs, West’s stipulations ask that his former partner “will not transfer assets out of any trust” that they created together. He also argued for the “right of reimbursement” to remain intact if either of them dies before a final property judgment is made.
Another demand was that Kardashian “waive all marital privileges should she remarry” until a custody decision has been made, which the reality star’s lawyer called “unprecedented.” The stipulation would also mean any communication between the former couple could be included in court records. Kardashian’s attorneys also suggests that one of West’s goals is “to prevent or make it difficult for Ms. Kardashian to remarry” after their split.
In their response on Wednesday, the model’s legal team said his three conditions are “not sanctioned” and claim that he has not proven them “necessary to protect ‘his interests’ or to protect ‘the status quo.’ Nor could he. That is because the parties entered into a Prenuptial Agreement that governs, inter alia, the character of their assets, debts, income, and rights of reimbursement.”
The prenuptial agreement states that the former couple kept their finances separate except for one joint account for the expenses of their children. They share four kids, North, 8, Saint, 6, Chicago, 4, and Psalm, 2.
West’s Friday response notes they’d have to ratify the prenuptial agreement before assuming it’s legally binding.
Kardashian’s attorneys also suggested that one of West’s goals is “to prevent or make it difficult for Ms. Kardashian to remarry” in the future.