Matt Baron/BEImages
Mike Fleeman
November 01, 2010 07:00 PM

After the fight, the marriage was never the same.

Charlie Sheen and Brooke Mueller have been separated since that nasty brawl last Christmas Day that resulted in the actor’s arrest on domestic violence charges, Sheen says in divorce papers filed Monday.

The 45-year-old actor, who went on to plead guilty to misdemeanor assault in exchange for probation and rehab, believes that any money he made after last Dec. 25 belongs to him alone and isn’t subject to community property laws, according to the filing.

This includes money he has made on his hit show Two and a Half Men in the last 10 months. He also counts as “separate property” everything he made before their May 2008 marriage. The papers confirm that the couple have a premarital agreement.

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Sheen is also seeking joint physical and legal custody of their 1 1/2-year-old twin boys, Bob and Max. In a separate divorce filing, Mueller seeks primary physical custody of the boys with visitation for Sheen.

The papers, filed in Los Angeles Superior Court, cite the usual “irreconcilable differences” as the reason for the split without elaboration. Sheen did not fill in the section of the papers relating to spousal support, though he is seeking to have Mueller, 33, pay for legal fees.

Last May, while the domestic violence case was still pending in Aspen, the pair privately reached an agreement on money and the children in the event of a divorce, according to papers obtained by TMZ and confirmed by a source to PEOPLE.

Under the settlement, Sheen would pay Mueller $757,000 plus another $1.2 million from the equity in their house. He also would provide $55,000 a month in child support payments.

While the pair would have joint custody, the twins would primarily live with Mueller, with substantial visitation on weekends and holidays for Sheen, the agreements states. It was not immediately clear why Sheen’s divorce filling differed from the agreement on the issue of physical custody.

RELATED: Brooke Mueller: Charlie Sheen Is a ‘Survivor’

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