Lights, Camera, Cooperation: The superstar approach to amicable divorce?

An Urban Legend comes to an end

After a 19-year marriage, combining Hollywood blockbusters with country music, Australian stars Nicole Kidman and Keith Urban have announced their separation and divorce.

Kidman may have starred in “A Family Affair”, but real life did not follow the script, as the parties have been praised for the pragmatic way they have handled separation.

Alongside filing for divorce on 30 September, the parties submitted a notarised parenting plan, signed by Kidman on 6 September and Urban on 29 August. This will see their two children, aged 17 and 14, spending 306 days a year with Kidman and 59 with Urban. The parenting plan also includes commitments not to speak negatively about each other in front of the children, to encourage the children’s relationships with both parents, and to attend a parenting seminar within 60 days of filing for divorce. A marriage dissolution plan was also provided, setting out how their finances and joint assets are to be divided, with each retaining assets in their sole name and their own copyrights and royalties for artistic works. 

These steps reflect a cooperative yet practical approach to separation. Whilst Kidman and Urban, given their public profiles, may have agreed separation terms before filing for divorce to protect their privacy, there are many reasons why couples may choose to do so. Couples with children at pivotal stages of life, such as changing schools or important exams, may wish to delay officially filing for divorce until the life event is complete or child arrangements have been agreed, to ensure a smooth transition for the children, possibly via a parenting plan. 

Parenting Plans - co-authoring your family's next chapter

A parenting plan is a voluntary written agreement made by parents (but can include other family members) that addresses practical matters concerning the child, including living arrangements, education, healthcare, and finances. Importantly, it provides a valuable reference point for both parents as they transition from their marriage to co-parenting. A well-drafted parenting plan will allow for the arrangements to evolve as a child gets older, with changing needs and different issues to be tackled, and will include mechanisms for resolving disagreements. 

Parenting plans can be worked out between parents themselves or, if agreement cannot be reached, with assistance from a mediator or solicitor. 

While an effective tool for co-parenting, a parenting plan is not legally binding. Parents who wish for it to be enforceable must jointly apply to the court to have their parenting plan converted into a Consent Order.  The court will review the parenting plan and determine whether it is in the child’s best interests to approve it.  Once approved, the Consent Order will make the parenting plan legally binding. 

Where parties are unable to agree on the terms of the parenting plan, or one parent does not want to make the plan legally binding via a Consent Order, an application to the court for a Child Arrangements Order under Section 8 of the Children Act 1989 will be required. 

The growing trend of parents seeking to agree matters before filing for divorce or issuing proceedings aligns with the increased importance being placed on “non-court dispute resolution” (“NCDR”) by family courts.   Changes to the Family Procedure Rules 2010 have strengthened the court’s authority to promote NCDR in private children law and contested financial remedy cases.  These changes include expanding the definition of NCDR, implementing an ongoing duty by the court and the parties to consider NCDR at all stages of proceedings, and even imposing cost orders for unjustified refusals to engage in NCDR, as was the case in AM v RF [2024] EWFC 288 (B).  

In the end, even Hollywood royalty and country music legends need a solid plan when one chapter closes and another begins. Whether you are walking the red carpet or doing the school run, a well-crafted parenting plan – and a healthy measure of cooperation –can set the stage for a positive new act in a family’s story.