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Will Kevin Costner and Christine Baumgartner go to trial over bitter divorce battle? Court filings reveal details

The Yellowstone actor and his estranged wife have been at odds over their divorce settlement since May


kevin costner christine baumgartner smiling red carpet
Beatriz Colon
Beatriz Colon - New York
New York WriterNew York
August 21, 2023
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Kevin Costner's messy divorce and legal battle with estranged wife Christine Baumgartner has played out in headlines and court filings for the world to see since the latter first filed on May 1.

The former couple have been at odds over a myriad of issues pertaining to their divorce settlement, especially over their prenuptial agreement, and its stipulations on child support and their residential properties.

Over the weekend, the two were seen together in public for the first time in the nearly four months of their ongoing legal battle as they headed into a deposition – but their time in court is far from over.

WATCH: Kevin Costner stars as John Dutton in Yellowstone

Court documents previously obtained by People reveal that as Christine, 49, continues to challenge the validity of her and Kevin's 2004 prenup, the pair will be going to trial over it come this November.

In the documents, the Yellowstone actor's legal team declared: "Four months into this matter, and three months away from the commencement of the trial on the validity of the PMA, Christine refuses to make known all of her contentions regarding the validity of the PMA," PMA meaning premarital agreement."

MORE: Kevin Costner's son is all grown up in new photo amid difficult legal battle with estranged wife Christine

In the discovery process in the lead up to the November trial, Christine has allegedly both challenged many of the prenup's stipulations and claimed she "didn't fully understand" its terms when she signed it. Her soon-to-be ex-husband, 68, described that move as "stalling tactics" to drag out their divorce proceedings and as "gamesmanship of the worst sort."

christine baumgartner kevin costner screen actors guild awards 2022© Getty
Kevin and Christine were married for 18 years

Kevin's legal team claimed Christine has refused to answer questions pertaining to her understanding of the prenup before she signed it and her willingness to do so at the time.

MORE: Kevin Costner's estranged wife Christine Baumgartner risks losing millions for months-long legal battle – details

MORE: Kevin Costner speaks out on ex Christine Baumgartner's divorce 'tactics' amid bitter court battle

The documents further revealed that she is arguing she "felt pressured to sign the agreement because of the circumstances surrounding its execution," though Kevin's lawyers maintained: "This, after she previously admitted she entered the agreement under her own 'free will.'"

Christine Baumgartner is seen on May 4, 2023 in Santa Barbara, California© Getty
Christine was recently seen moving out of their shared Santa Barbara home

They argued: "This contradicts the unambiguous language in the PMA wherein Christine represented in all caps that she 'voluntarily' and 'free from duress, fraud or undue influence' entered into the agreement," and declared: "Christine cannot have her cake and eat it too."

Kevin and Christine's prenup agrees that the latter would receive a $1.5 million payout should they divorce, however she risks forfeiting the money by challenging the divorce settlement.

Kevin Costner and his wife Christine arrive on the red carpet for the premiere of Touchstone Picture's "Swing Vote,"  on July 24, 2008 at the El Capitan Theatre in Hollywood, California© Getty
The former couple first met on a golf course in the early '90s

Their prenup states: "If Christine, in any manner, challenges or assists in the challenge of the validity or enforceability of any provision of this Agreement, she shall lose any and all rights to receive any payment, Property or Interest from Kevin pursuant to this Agreement."

MORE: Kevin Costner deals tough blow to estranged wife Christine Baumgartner in bitter divorce update

Kevin Costner kids© Getty
The two share three kids together

Moreover, the prenup dictates that should either party retain counsel in order to either enforce or breach the agreement, as is the case now, the prevailing party would be reimbursed for the legal fees incurred by the non-prevailing party.

Kevin and Christine tied the knot in 2004, and share three kids together: Cayden, 16, Hayes, 14, and Grace, 13. He was previously married to Cindy Silva from 1978 to 1994, and they share kids Annie, 39, Lily, 36, and Joe, 35.

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