Aubry and Martinez were hospitalised after a Thanksgiving Day (22Nov12) brawl at the actress' home in Hollywood, and the model, who was beaten black and blue in the altercation, has since obtained a restraining order against his ex's fiance.
But, in papers obtained by U.S. news show Extra, the Canadian hunk, who is the father of Berry's daughter Nahla, appears to have let slip a family secret.
He refers to Martinez as ""the fiance of my ex-wife, Halle Berry.""
In the legal documents, Aubry goes on to insist that Martinez started the headline-grabbing fight, telling the model he had cost him and Berry $3 million (£1.9 million) in the custody battle over Nahla.
Earlier this month (Nov12), Berry failed to win primary custody of Nahla, which would have allowed her to take her daughter to France - where she was hoping to start a new life with her fiance.
It is not clear if Berry and Aubry were officially married.
Meanwhile, Aubry has lost his bid to have an emergency restraining order Berry filed against him following the Thanksgiving Day bust-up removed.
The model was in court on Tuesday (27Nov12), asking a judge to lift the ruling, which is in effect until 29 November (12). The judge refused and that means the Canadian cannot visit his ex or their daughter until at least the end of the week.