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Celebrity Family Law – Johnny Depp and Amber Heard…again

Publish Date: 06/27/2017

Some celebrity divorce cases just never seem to end, even after the parties have settled all the issues. One such case is that of Johnny Depp and Amber Heard. Amber Heard Files Court Documents Claiming Johnny Depp Has Not Paid Divorce Settlement, by Zach Seemayer, etonline.com, December 15, 2016. The parties reached a settlement in their divorce several months ago, but, according to Amber, Johnny has not followed through on some of his obligations under the agreement. Specifically, Amber claims that Johnny has failed to make the first two payments in their $7 million settlement, failed to transfer title of a Range Rover to Amber, failed to pay her legal fees, and refuses to give her a date on which she can retrieve her personal belongings from their home and joint storage facility. Though Amber's attorneys have allegedly tried to work these issues out with Johnny's attorneys, their attempts have been unsuccessful, forcing Amber to request an Order to specifically enforce their agreement.

Amber appears to be in a good legal position to win this battle. As to the settlement money, Depp apparently attempted to give the money to the charities that Amber had pledged to rather than giving the money directly to Amber to do with what she pleased. It is unclear whether Johnny did this for the tax benefit or just to get around actually writing Amber a check. Either way, if the agreement states that the money is to be paid to her, then this is what he needs to do. Payment to the charities does not satisfy his obligation under their agreement.

As far as the other failed obligations, there should be clear documentation (or lack thereof) showing that Johnny has not fulfilled his end of the deal. For the Range Rover, the existence of a title transfer document or lack thereof will clearly show whether the title has actually been transferred. As to the attorneys' fees, a check paying the fees will clearly show that they have been paid. As with the car title, if Johnny cannot produce a check, this will support Amber's argument that the fees have not been paid. The split of personal property may be the most trickiest to prove, since Johnny's attorney's can say that there have been conversations about this issue that have not been written down. However, given the acrimonious nature of this case, Amber's attorneys' will likely argue that everything has to be documented in writing, and the lack of a written date on this issue shows that Johnny has, again, failed to fulfill his obligations under the agreement. This particular dispute seems pretty black and white, but it is unlikely that this is the last we will hear from these parties.

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