Award-winning actress Kate Winslet has split from her husband, award-winning film director Sam Mendes. Their representatives issued a statement earlier this week, stating: “Kate and Sam are saddened to announce that they separated earlier this year. The split is entirely amicable and is by mutual agreement. Both parties are fully committed to the future joint parenting of their children. They ask that the media respect the privacy of the family.”

Winslet and Mendes, who were both born in Reading, England, are both Oscar winners. She won the Best Actress award in 2009 for The Reader. He was named Best Director in 2000 for American Beauty.

The couple began dating in late 2001 after her first divorce. They married in 2003 and have one son, Joe, age 6. Winslet also has a nine-year-old daughter, Mia, with her first husband, Jim Threapleton.

Winslet and Mendes live in both New York City and England. It is not known where they will pursue a divorce action. It is also not known whether they executed a prenuptial agreement. Prenups are generally not enforceable in British courts, though judges may look to such agreements for guidance in distributing property in a divorce.

One interesting aspect of this divorce is the fact that Mendes has no true legal claim for custody or visitation of Mia. As her stepfather, Mendes will be neither required to pay child support nor allowed legal or physical custody. Of course, Winslet and Mendes could come to an agreement that Mia would accompany Joe during any parenting time with Mendes. But it is unlikely that Mendes could insist on it and prevail in court.

There are certainly situations in which stepparent visitation might be ordered. However, in a situation where the biological father is involved in the child’s life, it would be surprising if a court ordered the child’s mother to give up more time with the child to a former stepparent.

Library Topics: divorce, prenuptial agreement, property division, custody / visitation, child support, stepparent visitation