In court documents filed on Aug. 27, 2018, Michael Lockwood said he does not agree with a recent court decision that found the post-nuptial agreement he and Presley signed to be valid. Under that 2017 post-nup, both parties agreed neither will receive spousal support or property from each other in the event their marriage should dissolve.
After a three days of testimony, a Los Angeles judge on Aug. 17, 2018 ruled that post-nuptual agreement is valid. Under California law, a judge must certify a ruling before a case could be filed in a court of appeals, so Lockwood and his attorney, Jeff Sturman, filed a request for an order.
Presley filed for divorce from Lockwood in June 2016 after 10 years of marriage. They have two twin 9-year old daughters, Harper and Finley.
“I am asking the Court to certify its August 17, 2018 ruling for appeal so that I can proceed with an appeal now, not wait until some later time,” Lockwood write in a declaration. “This Court has not been considering issues regarding to the custody of our twin daughters because of a pending Dependency Court case. While I believe that case will be dismissed, even if it is, I do not know how long it will take to resolve the custody issue. Therefore, if I cannot appeal the August 17, 2018 ruling until custody issues (and perhaps other issues) are resolved, it appears that my opportunity to have an appellate court review the August 17, 2018 ruling will be indefinitely delayed, which will further postpone my recent of spousal support in the event that the Court of Appeals agrees with me that the Post-Nuptial Agreement is not valid or enforceable.”
Sturman wrote in the affidavit that until the validity of the agreement is “ultimately established,” the divorce case cannot be settled.
“She is not paying spousal support even though the parties were married for more than 10 years, Respondent’s (Lockwood) income is only about $2,500 per month, and Petitioner’s (Presley) income is about $183,000 per month,” Sturman wrote. "If the Ruling is affirmed, she may still pay no spousal support and she will have the opportunity to request that she be awarded prevailing party fees.”
Presley and her attorneys have filed an objection to Lockwood’s request to certify the post-nuptual agreement ruling, according to court documents.
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