Tom Brady And Gisele Bünchen Negotiated An ‘Ironclad Prenup’ Back In 2009

Tom Brady And Gisele Bünchen Negotiated An ‘Ironclad Prenup’ Back In 2009

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Tom Brady and Gisele Bündchen had a classic love story.

Boy (NFL professional quarterback) meets girl (supermodel). They fall in love, have children, and move a couple of times due to boy’s job. Sure, he might have won a few Super Bowls in between (seven).

But before Tom was ~the GOAT~, he dated Bridget Moynahan and they had a son together. Meanwhile, Gisele dated Leonardo DiCaprio until she was 25 years old (insert joke here). Throughout their relationship, the Tom and Gisele have been pretty public about their love for one another, whether it’s IRL on the Met Gala red carpet, or on Instagram. (Like, especially on Instagram.)

But since Tom retired in February 2022, and then un-retired six weeks later, there’s been speculation on the state of his relationship with Gisele. It’s no secret that she’s hoped he would spend more time with their family, like she has for so many years, since she put her modeling career on pause to take care of their children.

Tom and Gisele filed for divorce in Florida on October 28, after weeks of living apart, according to ESPN. Both posted divorce announcement on their Instagrams. And now, the details of their "ironclad" prenup have been revealed.

Ahead, find out all the details of their relationship, including how they met, their public hardships, and where they stand now.

December 2006: The couple start seeing each other.

A friend set them up on a blind date, per PEOPLE. Right away, Gisele knew that Tom was the one for her.

“The moment I saw him, he smiled and I was like, ‘That is the most beautiful, charismatic smile I’ve ever seen!’ We sat and talked for three hours,” she told Vanity Fair in 2009. “You know that feeling of, like, you can’t get enough? From the first day we met, we’ve never spent one day without speaking to each other.” Aww!

January 2007: Tom and Gisele become an item.

After the New England Patriots played and won against the San Diego Chargers, a representative for the Chargers said they were “100 percent sure” they saw Gisele in the stands at the game, per PEOPLE. It was later confirmed to the publication that they started dating “just before Christmas.”

February 2007: News breaks that Tom is expecting a child with his ex-girlfriend.

News came out that Tom was expecting a child with his ex-girlfriend, Bridget Moynahan, whom he dated from 2004 to 2006, per Us Weekly.

“Two months into our relationship, Tom told me that his ex-girlfriend was pregnant,” Gisele wrote in Lessons: My Path to a Meaningful Life, her memoir which came out in 2018, according to Us Weekly. “The very next day, the news was everywhere and I felt my world had been turned upside down.”

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August 2007: Tom’s first son is born.

When Bridget gave birth on August 22, Gisele was overjoyed at seeing Tom as a father. In her memoir, she calls Tom’s oldest son, John, her “bonus child,” wrote Us Weekly. She also told PEOPLE that she was “so grateful” for Bridget.

January 2009: Tom and Gisele get engaged.

After two years, Gisele and Tom got engaged, per Us Weekly. He proposed with a diamond solitaire ring, as reported by PEOPLE.

February 2009: They get married in an intimate ceremony.

They got hitched in a church in Santa Monica and “planned it in like 10 days, and it was perfect,” Tom told GQ in November of that year. Both sets of parents were there and Tom barbecued New York strips and they enjoyed champagne, cake, and ice cream.

April 2009: They throw a bigger wedding.

Tom and Gisele then threw a larger celebration with about 40 people, including extended family, according to GQ.

“The day's for you," he said. "It's nothing personal against anybody, but it's not about them. It's about what you and your wife need for that day."

December 2009: Gisele and Tom welcome their first child together.

Gisele gave birth to Benjamin Rein Brady on December 8. They opted for a home birth, which Tom originally didn’t want, but then came around to the idea, per PEOPLE.

"Me being there with G at his birth in our home, it lives in my mind. I think we brought this boy into the world in the most precious way," he said in the ESPN+ series Man in the Arena: Tom Brady.

December 2012: Their second child is born.

Nearly three years later, Gisele gave birth to Vivian Lake Brady on December 5.

September 2015: Deflategate impacts their marriage.

After the NFL scandal fueled by rumors that Tom wanted balls deflated during the AFC championship game in the 2014-2015 NFL playoffs, a source close to US Weekly said things were “very tense” between the couple.

There were even rumors that the couple was getting a divorce, per PEOPLE. But Tom denied the rumors shortly after, telling a Boston radio station that they were in a “great place.”

October 2018: Gisele releases her memoir.

Gisele’s memoir, Lessons: My Path to a Meaningful Life, was released on October 2, 2018. In the book, she detailed that raising their first child together wasn’t super easy.

“You’re overwhelmed and tired when you’re not the nicest partner,” she wrote about the experience, per Us Weekly.

January 2019: Tom returns to his ninth Super Bowl—and Gisele cheers him on.

Gisele was ecstatic for Tom once the New England Patriots defeated the Kansas City Chiefs in the AFC championship game, meaning Tom would return to the Super Bowl a ninth time, according to Us Weekly.

In his interview after the game, he gave her a special shoutout. “"I first want to say hi to my wife, I love you so much,” Tom said.

February 2019: The pair celebrated their 10-year wedding anniversary via Instagram posts.

Both Tom and Gisele posted their wedding photos with long captions.

Tom wrote: “Ten years ago, I didn’t realize how much I could love you and the family we created together. My heart is so full and I am so blessed! I know our journey has not been easy, but the challenges we have overcome have made our bond stronger and our love grow deeper. Thank you for loving me, for supporting my dreams, and for nurturing our family in the way that only you could. You are my rock, my love and my light! I love you and I love our family!”

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Gisele wrote: “I can’t believe it’s already been 10 years since we’ve chose to walk this life together... and what incredible 10 years we’ve had! There is nothing that I love more in this world than you and our family. Thank you for being on this journey with me and for doing the work that it takes to make it so special. May we continue growing together, walking side by side supporting and loving one another for many many years to come. Te amo tanto❤”

Earlier in the month, they also celebrated Gisele’s environmental activism when she was honored at the 2019 Hollywood for Science Gala in Los Angeles. "She's inspiring me in so many ways. It's really special for her, and I love that she's here celebrating," Tom said, according to PEOPLE.

August 2019: Tom opens up about his marriage in Men’s Health.

A few points about Gisele were brought up in the story:

  1. Gisele mentions that she has to “share him with his first love: football.”

  2. Tom's second son, Ben, isn't as sporty as much as his first son, Jack. “Gisele kept saying to me, ‘Would you effing understand that your son is different?’ It was hard for me. I was like, ‘What do you mean? He’s a boy; he should just do all these things that I do.’ The reality is that Benny just likes different things,” Tom told MH.

  3. Gisele “is not really into sports.” He continued to say, “she’s like a kite flying in the sky, and I’m kind of tethering her. Sometimes I have to hold on hard. But she knows I’m always there for her,” the cover story read.

December 2019: Tom spills his secret to a successful relationship.

“CCC,” is the secret—meaning, “clear, current, communication,” he said on the series premiere of In the Room on E!, per Us Weekly. “Like, ‘This is exactly how I’m feeling.’ And current, not like, ‘This happened six months ago.’ And you communicate about it. I think that’s helped us a lot.”

He continued, “It’s not like because I’m a football player, her life is going to stop. The challenging part for us is we are very ambitious people. A lot of the times, I’m going one direction and she’s going in the other. Its ships passing in the night. I’m going to football, and she’s got things she’s doing, and oh, by the way, the kids,” as reported by Us Weekly.

March 2020: Tom and Gisele move to Tampa.

Tom made a huge career move when he left the New England Patriots after 20 seasons and officially signed with the Tampa Bay Buccaneers, where he’s played for years 21, 22, and 23 of his career. (But more on that later.)

April 2020: Tom reveals he had to 'check' himself to make sure his marriage was going well.

Tom goes on The Howard Stern Show on April 8, where he opened up about their relationship.

“There was a couple years ago, she didn’t feel I was doing my part for the family,” he said, according to Us Weekly. “She felt like I would play football all season and she would take care of the house, and then all the sudden when the season would end, that I’d be like, ‘Great, let me get into all my other business activities. Let me get into my football training.’ And she’s sitting there going, ‘Well, when are you going to do things for the house? When are you going to take the kids to school and do that?’”

He also mentioned that he made a “big transition” to help clear up their problems, because she “wasn’t satisfied” with the marriage, per Us Weekly.

May 2020: It's a ‘challenge’ for them to have a routine while quarantining.

“This added time together is such a gift,” a source close to Us Weekly said. “They’re making the most of it during the off-season and prioritizing family time before training really kicks into high gear for Tom.”

September 2020: Tom says Gisele isn’t part of his ‘pre-game warm-up.’

Tom went on Dax Shepard’s podcast, “Armchair Expert,” and mentioned that sex with Gisele isn’t part of his pre-game ritual.

“Oh man, that’s probably off the table. I wouldn’t say it’s probably never happened, but I don’t think that would be the moment,” he said, according to Us Weekly.

February 2021: Tom wins his seventh Super Bowl with the Tampa Bay Buccaneers.

After just one year with the Bucs, he did it again, and Gisele was super excited for him.

She wrote a long paragraph about it on IG, actually:

“Congratulations Bucs for an incredible team win last night!!! A lot of people didn’t believe you could do it, but you all showed that with time, dedication, trust in one another and with teamwork anything is possible. Congratulations my love! Over the years I have seen you overcome so much adversity, physically and emotionally. I can for sure say you are the most dedicated, focused and mentally tough person I have ever meet. It has been a challenging year and watching you in a new environment, putting in the extra time to get to know and support your teammates, working with your new coaches with respect and grace, waking up extra early every day to deal with the bumps and bruises of playing football, never complaining, you just kept focusing on your goal to go out there and be the best leader you can be. I am so proud of the man you are and I am so happy to see the smile on your face every time you get to go out there and throw that ball. Now, we are so happy that we get to have you home for a little while (well, at least until next season 😉) You have earned all your success! Te amo❤️”

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October 2021: Speculation about Tom's retirement reaches a fever pitch.

On his “Let’s Go” podcast, Tom talked about how difficult it was to navigate raising kids with his marriage, since Gisele stopped working to take care of their children, notes Us Weekly.

“It's a very difficult issue to reconcile without just saying, 'Hey, it's time to retire,'" he said. "I think my wife has, you know, held down the house for a long time now, and I think there's things that she wants to accomplish. You know, she hasn't worked as much in the last ten, twelve years just raising our family and kind of committing to being in a life in Boston and then moving to Florida."

January 2022: More rumors swirl around their family and marriage.

He discussed his next career move on his podcast, saying that he wants to spend more time with his family and wife, per Us Weekly. “My wife is my biggest supporter,” he said. “She deserves what she needs from me as a husband and my kids deserve what they need from me as a dad.”

“I’m gonna spend some time with them and give them what they need, ’cause they’ve really been giving me what I need the last six months to do what I love to do,” he continued.

February 2022: Tom retires from the NFL after 22 years.

And he honored Gisele and their family big time through his Instagram post.

On February 1, he wrote: “To my wife, Gisele, and my children, Jack, Benny, and Vivi. You are my inspiration. Our family is my greatest achievement. I always came off the field and home to the most loving and supportive wife who has done EVERYTHING for our family to allow me to focus on my career. Her selflessness allowed me to reach new heights professionally, and I am beyond words what you mean to me and our family. Te amo amor da minha vida.”

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Meanwhile, Gisele posted a carousel of photos celebrating his retirement too, along with paragraphs on paragraphs of a caption.

“I know how excited you are about the next chapter of your life,” she put in the last paragraph. “Watching you work so hard in your football career and seeing the dedication you are now putting into all your new endeavors is incredibly inspiring. There is nothing you can’t achieve. I have always been here for you, you know that, and I’m as excited as you are for what the future holds!”

March 2022: Tom un-retires.

Six weeks after retiring, he pulled a Rob “Gronk” Gronkowski and un-retired.

“These past two months I have realized my place is still on the field and not in the stands," he wrote. That time will come. But it’s not now. I love my teammates, and I love my supportive family. Without them, none of this is possible. I’m coming back for my 23rd season in Tampa. We have unfinished business. LFG.”

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As a Tampa native and Buccaneers fan myself…I screamed. I’ll just say that.

While Gisele didn’t make a full post to celebrate his un-retirement, she did comment on his post, per Us Weekly: “Here we go again! Let’s go lovvvey! Let’s go Bucs!”

August 2022: Tom takes an 11-day break from training camp.

And he said it was because of personal reasons. When asked by reporters, he said: “Everyone has different situations they're dealing with, and we all have unique challenges to our lives," he said, per PEOPLE. "I'm 45 years old, man. There's a lot of shit going on, so you just have to try and figure out life the best you can. You know, it's a continuous process."

September 2022: There is reported “tension” between the couple.

“Gisele was not happy when Tom un-retired from the NFL after such a short time,” a source told Us Weekly. “Tom is doing everything he can to make it up to her, they’re working through things and trying to come out the other side.”

In early September, they spent time with their kids separately. Tom flew to New York to watch his son Jack’s football team practice, while Gisele spent time with the kids at a water park in Aventura, Florida, on September 4, per PEOPLE.

September 13: Gisele opens up about her marriage in Elle.

On September 13, Gisele was the cover story for ELLE’s September issue, and she had some things to say about their marriage and his career.

For one, the public’s characterization of her wanting Tom to retire feels sexist. “I think this is the system we’ve been living in. That’s what society has accepted and what society hasn’t accepted, she told ELLE. “Obviously, I have my concerns—this is a very violent sport, and I have my children and I would like him to be more present,” she continued. “I have definitely had those conversations with him over and over again.” Ultimately, though, she wants him to be happy.

But she declined to comment on the fact that on September 6, she had returned to Florida from Costa Rica, but the pair “hadn’t reconciled” per Page Six, when asked for the ELLE cover story.

“I’ve done my part, which is [to] be there for [Tom],” she told ELLE. “I moved to Boston, and I focused on creating a cocoon and a loving environment for my children to grow up in and to be there supporting him and his dreams. Seeing my children succeed and become the beautiful little humans that they are, seeing him succeed, and being fulfilled in his career—it makes me happy. At this point in my life, I feel like I’ve done a good job on that.”

September 14: A source claims that this is Tom's last season in the NFL "if he wants to stay married."

"She doesn't hate that he's playing football, but she sure hates the way he handled the retirement and coming back," a source close to Tom told PEOPLE. "He's doing what he can do to smooth things over. He does know that this is his last season if he wants to stay married."

September 15: Reports say that the couple is living separately.

Tom and Gisele are dealing with "marital issues," a source close to the pair told CNN.

A source close to Gisele also told the outlet that they're "living separately" right now.

September 23: The couple left Tampa to stay in Miami separately, due to Hurricane Ian.

Due to Hurricane Ian, the two evacuated Tampa and went to Miami to stay safe—but they didn't stay together. Gisele was apparently staying in their home that they rented in 2020, according to Page Six, but it's unclear where Tom took shelter.

October 4: Sources say the couple has hired divorce lawyers.

Both Gisele and Tom have hired divorce lawyers, according to Page Six.“I don’t think there will be any coming back now," a source told the outlet. "They both have lawyers and are looking at what a split will entail, who gets what and what the finances will be.”

Sources close to the NFL quarterback and model say that they would share joint custody of their children if separating. Legal experts believe the couple would file for divorce in Florida, since that's where they're based, per Page Six. They're looking at splitting their assets (which includes their properties worth $26 million total, as reported by the New York Post) as well, according to another source close to the couple.

“As with many marriages, it’s not just one thing. Gisele has made it clear that she worried about Tom playing football and that they had had many talks about it," a source told Page Six. “But they have had a series of blowups over the past few years, and this time it looks like there’s no going back.”

October 7: Gisele "is done" with trying to make the marriage work.

"She's a very 'pros vs cons' person, and she sees very few pros to him playing anymore," a source told PEOPLE. "She's told him that he's the GOAT, and he has absolutely nothing left to prove. He could be going out on top, and playing until the wheels fall off doesn't seem to be the way to go out on top."

Another insider close with Gisele spoke to PEOPLE to give more insight. "She is done with their marriage," they said. "She was upset about it for a long time and it's still difficult, but she feels like she needs to move on. She doesn't believe that her marriage can be repaired."

The insider added that Gisele "doesn't have much contact with Tom."

October 12: Even Tom and Gisele's friends are upset at him.

“Gisele and Tom’s friends are upset at Tom for going back on his word and coming out of retirement,” a source told Us Weekly. “They hate the way Tom is refusing to bend for Gisele.”

The source continued to say that this was the "first big issue" they've had in their marriage: "Friends are hoping they aren’t past the point of no return,” they said.

October 17: Tom compares being in the NFL to being deployed in the military.

On his podcast which he co-hosts, Let’s Go! with Tom Brady, Larry Fitzgerald and Jim Gray, he said: “I almost look at like a football season like you’re going away on deployment in the military, and it’s like, man, here I go again," per TODAY, adding “As much as you want to have this playful balance with the work balance, you’re going to end up doing exactly what you’ve always done."

He has since apologized for his comments, saying they were a "poor choice of words," according to TMZ.

But Tom and Gisele do spend a lot of time away from each other during the season: "They live separate lives," a source told PEOPLE.

"Gisele is busy with her own life now, and has spent time away from Tom in Miami and New York," another source mentioned.

October 20: Tom comments on his future in a Tampa Bay Buccaneers press interview.

Clips of his press interview were shared on the Buccaneers' Instagram and Twitter where he said there's "no retirement in his future," which was also made the caption.

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These posts left me, and I'm sure many others, wondering if their marriage is truly over. If you want more evidence, they've both been seen without their wedding rings during recent outings.

October 27: Sources confirm that Gisele gave Tom an ultimatum.

“Gisele told Tom either he leaves football to spend time with the family or she is gone for good,” an insider told Us Weekly.

The model has her family in mind: “She doesn’t want him to continue to get injured and not be able to enjoy life in the future,” the source added.

October 28: The couple announced their divorce on social media.

"In recent days, my wife and I finalized our divorce from one another after 13 years of marriage," Tom wrote on his Instagram story. "Doing so is, of course, painful and difficult, like it is for so many people who go through the same thing every day around the world. However we wish only the best for each other as we pursue whatever new chapters in our lives that are yet to be written."

Gisele posted an Instagram story with a similar message: "With much gratitude for our time together, Tom and I have amicably finalized our divorce," she said. "The decision to end a marriage is never easy but we have grown apart and while it is, of course, difficult to go through something like this, I feel blessed for the time we had together and only wish the best for Tom always."

The couple filed for divorce in Florida. "The settlement is all worked out," a source told PEOPLE. "They've been working on the terms this whole time."

Sources told TMZ that the divorce document will be "short," and the settlement terms will remain "confidential." Their lawyers have been working with a mediator to work on property settlement and custody.

As for their children, Gisele "feels bad for the kids, but she doesn't expect any custody issues" with Tom, according to the source for PEOPLE. Fortunately, they've decided to take joint custody of their children.

Another source said that Tom is "totally devoted" to his children, spending time with them in between games and during the offseason. "No other husband gets six months off a year to be totally devoted to just their family," they said.

Although the couple recently bought a property on Indian Creek Island in Miami Beach, the source also mentioned that Gisele will stay in the area even if the divorce is successful, according to PEOPLE. She's been seeing a spiritual healer there, per TMZ. Brady, meanwhile, will stay in Tampa, per PEOPLE.

Nov 1: A source close to Tom said he "didn't want" to divorce Gisele.

Tom wanted to do "whatever it took to make things work," a source told PEOPLE. "This was never Tom's idea."

The source added that he was willing to go to marriage counseling and therapy, if needed. He "didn't want the divorce and he didn't want the marriage to end," they said. Tom didn't want his kids growing up with divorced parents, either.

For Gisele, though, "it was a little bit too little, too late," the source said. "She gave him a lot of opportunities to fix things, and he didn't."

Nov 2: Details of their "ironclad prenup" leak.

“There was an ironclad prenup set down before they married in 2009," according to a source. "They both have their own separate business entities, so the separation of their wealth wasn’t that complicated in the end. The only other major factor was dividing up their massive property portfolio," according to Page Six. The terms of their split and property division were decided upon before the divorce filing.

And before their issues went public, Gisele's friends encouraged her to update their prenup, per Radar Online. "Her friends are telling her she'd be nuts not to revise their prenup and she's likely to listen to them," an insider said.

Tom will reportedly be keeping their $17 million mansion at Indian Creek Beach in Miami that they purchased as a tear-down in 2020, while Gisele apparently bought a $1.25 million three-bedroom, three-bathroom home in Miami Beach before the divorce. She'll use that property as an office because she also bought a larger house in the area, per Page Six. Gisele will also keep their home in Nicoya Peninsula in Costa Rica, according to the outlet.

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