Last time, we left off discussing the issue of coercion and fraud in the negotiation of marital agreements. Involuntariness and failure to disclose assets and liabilities can also occur in prenuptial agreement negotiations, of course, and it is important for all couples negotiating such agreements to have representation to protect their interests and ensure their agreements are going to be effective.
We’ve been looking in recent posts at the topic of keeping separate property separate in marriage as a way to protect one’s assets in the event of divorce. Then, in our last post, we began to look at using marital agreements to protect separate property from division in divorce.
Many of our readers have heard of the increasing popularity of prenuptial agreements to protect property from division in the event of divorce. As useful as prenuptial agreements are, though, not every couple has the foresight to negotiate such an agreement prior to marriage.
In our last post, we began looking at the issue of protecting one’s property from divorce. As we noted, one of the most effective ways to do this is to carefully negotiate and properly execute a prenuptial agreement. In the event that this is not possible for a couple, there are still some steps that can be taken to maintain some financial separation from a spouse.
Prenuptial agreements can be an invaluable tool for protecting assets in divorce. Couples who don’t have such an agreement don’t have as much control over how their assets will be divided, and the outcome in terms of property division is more uncertain.