Reese Witherspoon Had Prenup in Place and Could Enforce It After Filing For Divorce From Jim Toth
Reese Witherspoon has initiated divorce proceedings after announcing her split from Jim Toth, and now new reports suggest that there was a pre-nuptial agreement that was also discussed during the divorce filings. According to court documents obtained by People, the Academy Award winner, 47, listed "irreconcilable differences" as the reason for their divorce when she filed them on Saturday in the Circuit Court of Davidson County, Tennesse. Witherspoon's document lists the filing date as the date of their separation, and it also shows that Witherspoon and Toth entered a pre-marital agreement on March 24, 2011, in California, a few days before their wedding. The prenup is "valid and enforceable," according to the court filing. She also asks the court to designate her and Toth as joint custodians of their 10-year-old son, Tennessee James.
The former couple — who share a 10-year-old son Tennesse — will have to register for a parenting class, which is mandated in Davidson County. They will then have 60 days to submit a certificate of completion to the court. Witherspoon will reportedly submit their prenup to a judge for approval, as well as a permanent parenting plan.
Witherspoon and the CAA talent agent announced their divorce in a joint statement last Friday, days before their 12th anniversary. "We have some personal news to share..." they began. "It is with a great deal of care and consideration that we have made the difficult decision to divorce. We have enjoyed so many wonderful years together and are moving forward with deep love, kindness and mutual respect for everything we have created together.
Witherspoon — who is also mom to daughter Ava, 23, and son Deacon, 19, with ex-husband Ryan Phillippe — added that their “biggest priority” is their son, as well as their “entire family as we navigate this next chapter.”
Page Six exclusively reported last week that the couple’s marriage ended because it had become platonic and there was “zero romance” left. “There’s no big scandal or drama, just two people who essentially became co-parents and don’t really have any romantic feelings for each other anymore,” an insider previously told us. Nearly a week after announcing the split, the mom of three was spotted on Thursday making a stern phone call while out in Nashville — without her wedding ring on.
Witherspoon and Toth, 52, had announced their engagement in December 2010, before tying the knot in March 2011. A source said that the two "really are the best of friends," adding about the divorce: "This is such an amicable decision. They are so committed to co-parenting together. They are invested in their whole family and making this as smooth as possible for everyone." Another insider said that Witherspoon is "headstrong and focused," while Toth is the more "laid-back" one in their relationship. "They've been spending less and less time together while she was working," the source said.
