There are two principal ways to protect division of marital assets in divorce premarital asset protection and postmarital asset protection.
Premarital Asset Protection
Premarital asset protection involves a prenuptial agreement – also known as a premarital or ante nuptial agreement. A prenuptial agreement is a contract written by a couple before marriage that details the division of assets if there is a divorce. Typically, prenuptial agreements don’t cover child custody, child support or child visitation.
Most states will enforce a prenuptial agreement if it follows the various requirements in California regarding prenuptial marriage agreements. The divorce courts in states accepting prenuptial agreements will uphold the contract if the agreement is fair and includes all relevant information about assets. If the court believes that one party was forces to enter into the agreement under duress or coercion, the prenup will be thrown out. Continue reading
