Kevin Costner and Christine Baumgartner Have a Prenup in Place — Decades After His $80M First Divorce
The pair requested joint custody of their three kids in their divorce filings, which make note of a prenuptial agreement
Kevin Costner and Christine Baumgartner had a prenuptial agreement in place prior to the recent divorce filing.
The actor's wife filed for divorce on Monday after 18 years of marriage, citing irreconcilable differences as the reason for the breakup, according to documents obtained by PEOPLE.
In her filing, Baumgartner, 49, listed their date of separation as April 11, and she requested joint custody of their three children: Cayden, 16 on Saturday, Hayes, 14, and Grace, 13 next month.
Costner, in his response filed Tuesday, also asked for joint custody and cited irreconcilable differences. The actor/director's filing also mentions a prenup, in regards to spousal support, legal fees and properties.
A source tells PEOPLE that divorce wasn't Costner's idea: "It was not anything that he wanted or sought, and if he could change the situation, he would."
The "separate property" his legal team listed include: "Miscellaneous jewelry and other personal effects; earnings and accumulations of Respondent before marriage, during marriage, and from and after the date of separation; [and] there are additional separate property assets and obligations of each party as mandated by the parties' Premarital Agreement."
They also add, "Pursuant to the terms in Paragraph 9.A. of the parties' Premarital Agreement, Petitioner to vacate Respondent's separate property residences."
Costner was previously married to Cindy Silva for 16 years before their divorce in 1994 — which reportedly resulted in an estimated $80 million settlement to his ex-wife.
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The pair got married on Sept. 25, 2004. In a statement Tuesday, Costner's rep said, "It is with great sadness that circumstances beyond his control have transpired which have resulted in Mr. Costner having to participate in a dissolution of marriage action. We ask that his, Christine's, and their children's privacy be respected as they navigate this difficult time."
In November, Costner told PEOPLE about raising a family with Baumgartner. He said at the time, "The house is prettier because of her. Everything is warmer because of her. There's these little things that she does — and I think it's the power of love — but that she makes her home that way."
The actor added of what he learned from fatherhood, "The world doesn't revolve around you. It just doesn't revolve around you. I work as a provider. I'm a father and I'm a husband, but it doesn't revolve around me."
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