The Brady Divorce: Special Treatment or Possible?

On October 28, 2022 at 7:52am, TMZ broke the news that supermodel Gisele Bündchen had filed for divorce from Tom Brady.  Less than 2 hours later, at 9:50am, TMZ updated the article to note a Judge had signed off on the divorce and the parties were “officially single.”  Parties who have been dealing with the New Jersey Court system recently are probably thinking “wow, that is some serious special treatment to get it done that fast.”

While those individuals are partially right, this isn’t a simple case of special treatment.  Brady’s statement on the divorce makes that clear.  His announcement was that he and Bündchen had “finalized” their divorce “in recent days.”  Translation for the public: you only saw the end of the divorce.  The parties had most likely been negotiating over the terms of their divorce with lawyers for months before reaching an amicable, out of court settlement that addressed custody, parenting time, and the division of their (sizable) assets.  The details of that settlement will also likely never be made public.

Still, there are lessons to be learned from this divorce.  Regardless of whether the relationship is as fractured as media outlets have portrayed it in recent months, Brady and Bündchen took the easiest (and therefore fastest) route to getting divorced: they hired attorneys, they negotiated fairly and in good faith, and they settled.  Both probably gave up some of what they were looking for, and together they managed to do in a few months what other couples take years to do; get divorced and not fracture their family.  And, they kept the details of their settlement a secret.

Additionally, the parties came into the court only at the last minute, when everything was finalized.  There are plenty of reasons you may need the court’s assistance sooner, such as when you are the supported spouse and need money, or when the other party is withholding your children from you.  But by only coming to court to get the divorced finalized and official, Brady and Bündchen did not need to go through case management conferences, motions, intensive settlement conferences and trials saving themselves substantial money.

That’s not to say there may not have been some special treatment here.  People are rarely divorced in two hours, even with a final executed agreement provided to the court.  Part of the rush may have been because this is the “Brady/Bündchen” divorce, but it could also have been that the two of them had attorneys who knew how to get it done very quickly.  So, it helps to have an attorney familiar with the process and procedures and courthouse staff as well as the judge involved because that can also help move your case along.

At Daly & Associates, we always applaud clients who can settle cases amicably.  We understand that doesn’t happen in every case because it “takes two to tango.”  But since almost 95% of matrimonial cases settle before trial and the courts encourage settlement, it makes sense to get to the negotiation table sooner, rather than later with experienced counsel.  If you’re looking for that counsel to help you negotiate, give us a call today.

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