Divorces are difficult in any case where there are substantial assets that either party brought to the marriage. If you are an avid investor, a business owner, or have a high net worth, you may have a lot to lose if your spouse takes half of what you own in the divorce. Fortunately, there are laws and legal opportunities to protect your assets and income during a divorce. The Oxnard high asset divorce lawyers at The Law Offices of Bamieh and De Smeth represent people on their divorce cases. When dealing with substantial net worth, high assets, and other important assets to protect, it is vital to take your case to an experienced, detail-oriented attorney who will help you protect your assets during divorce and separation proceedings. For a free consultation on your case, contact our law offices today at (805) 643-5555.
Prenuptial and Postnuptial Agreements for High Asset Divorces
When you enter into a marriage, you may be able to protect your assets by signing a prenuptial agreement. Prenups decide, up front, which items are kept as individual property, and they enable you to make other decisions about how property will be divided upon divorce. This can include clauses dictating that your personal wealth, investments, business, or other important assets will stay individual property, ensuring you keep them after the divorce.
Many people see prenuptial agreements as one-sided, but there are plenty of ways they can benefit both parties. First, your spouse will know from the outset what he or she would be entitled to upon divorce. This can help ease the process if divorce happens down the road. Second, you can have clauses that guarantee your spouse more money and assets if you are unfaithful or cause other problems in the marriage.
If your spouse refuses to agree to a prenuptial agreement or you find the agreement too aggressive, you can make similar agreements about asset division after you are already married. These agreements are called postnuptial agreements, instead, and have similar options. Many prenuptial agreements are incredibly strong and can protect your assets if you have to go through a divorce. In most cases, courts refuse to reverse or set aside prenuptial agreements. Unless there is coercion or one party lies about what assets they have, the agreement should be valid and binding.
