Halle Berry's Split: Daughter's Custody Not Likely to Become a Court Battle, Lawyer Says

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Will Halle Berry have a difficult custody battle? Credit: Ivon/X17online.com

The impossibly beautiful Halle Berry, 43, is reportedly splitting from her equally alluring partner, Canadian model Gabriel Aubry, 34.

The couple, who met after Berry's marriage to Eric Benet ended amid headlines of infidelity and sexual addiction, has been together five years and have a 2-year-old daughter, Nahla Ariel Aubry.

According to RadarOnline.com, the couple has been negotiating a financial and custodial agreement, but if what if talks broke down and it made its way to court? Would it make any difference that they never tied the knot?

According to famed New York matrimonial and divorce lawyer Raoul Felder the answer is a resounding no.

"Under the law it's the same old same old. It would be treated the same way as if they had been legally married," he says. "The judge would apply the same standards and if it were about custody it would all boil down to one issue. What is in the best interests of the child?"

Felder observes that its conceivable Berry will have to pay Aubry money because he can argue that their daughter should not feel like, "she's visiting a poor relative when she stays with her father." But he does caution that Aubry would have to tread carefully on that issue and not look like he's a gold digger but is genuinely concerned about their child's well being.

"The courts will enforce any private agreement unless it lacks sanity," he adds.

Here's hoping two things. They aren't breaking up and if they are, they come to an agreement amicably and peacefully.

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