Divorce

How to Prevent Asset Splits in a Divorce

Maintain Separate Property

Assets should be marked to be sure they are not only to be divided when divorcing. This may be done a distinction between marital and non-marital assets. Separate property such as any property each spouse owned before the marriage, assets one spouse gets from inheritance, or gifts received by any of them do not get to be divided up during marriage dissolution. Through this process, the assets stay separate and do not mingle with the marital property. Thus, each individual preserves his/her property status and eventually, the property is not divided during a divorce.

Prepare for A Prenuptial or Postnuptial Agreement

The marriage contract entered into before marriage and a marital contract entered into during the marriage are the legal documents that divide the assets of the couple in case the couple gets divorced. The arrangements can stipulate which assets are classified as separate property, establish the criteria for asset division, and safeguard the assets from equitable distribution. The pre-marital and post-nuptial contracts could provide litigants with a way to protect their assets from being subjected to property division in a divorce unless prior agreed.

Articulate Your Own Court Divorce Settlement Agreement

In some cases, couples may prefer to draft and negotiate their own divorce settlement agreement outside of court. Ultimately, the couple can be in charge of what assets they want to be divided and the way they want to allocate their debts. Thus, the process can become a very particular snippet of their original marriage agreement. Under this approach, couples can revise asset division terms which often results in settlement without any charges whatsoever, or resort to ruling from the court and ultimately reach a more amicable and effective resolution.

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