If you have a high net worth, own a business, or expect large inheritances, your divorce might require additional legal support beyond the standard divorce. In a typical divorce, the parties’ main concerns are getting what is fair and ending the divorce as quickly and painlessly as possible. While these may be your concerns, you have the added concern of protecting your finances. With strict rules demanding a 50/50 split, Californians face additional legal challenges to protect their finances. If you are divorcing someone with a high net worth, your concern may be continuing your standard of living after the marriage and getting what you deserve from the divorce.
Prenuptial Agreements in High Net Worth Divorces
If you are not married yet, consider the benefits of a prenuptial agreement. These agreements work to define the split of assets, even before the marriage begins. These are excellent tools for either party. Since they often protect the assets of the wealthier spouse, that spouse may desire a prenuptial agreement. The other spouse often gains protections in these agreements as well, such as exceptions for divorces based on adultery or other grounds. If you are already considering divorce and there is a prenuptial agreement in place, you may already reap these benefits.
In the event that your spouse is challenging your prenuptial agreement, you may have legal options our attorneys can help you with. Defending a prenuptial agreement and enforcing its predetermined rules is vital in protecting your assets. Our attorneys fight to hold the court and your spouse to the terms of the agreement. As many prenuptial agreements can be challenged in court, our attorneys fight to ensure these safeguards remain in effect. If a prenuptial agreement may prevent you from getting your fair share of your spouse’s assets, our attorneys can help challenge the prenuptial agreement. There are many routes to getting around a prenuptial agreement, including:
- Challenging the agreement because it was formed under duress,
- Challenging the agreement because it was improperly formed,
- Enforcing clauses that allow higher settlements, and
- Reforming the agreement.
Many prenuptial agreements allow a spouse to take a higher split of the assets if the marriage ends because of adultery, fraud, criminal activity, or other triggers. If your spouse cheated on you, violating the prenuptial agreement, you may be entitled to a substantial share of the assets.
