There are certain key elements you want to protect during a divorce. Asset Protection in a divorce usually consists of actions involving a spouse. Spouses who want to protect there finances and avoiding splicing property up. Personal property and marital property are the assets they are looking to protect. Even if the said property is in a single name. It may still be subject to division under the laws of the state or court system.
Inheritance and distinct property can possibly be separate from marital property. But individual property can and does sometimes get mixed up with marital property. If you have personal property such as money that was put into any marital accounts after you were married. These funds are now marital property.
This instance is where it would have been handy to have had a prenuptial agreement. This in turn would have helped to keep your assets safe. But if there is no such agreement your most likely going to loose at least have of those funds.
In this case protecting your individual assets would have saved you a lot of trouble. This would be called an Individual Asset Protection. This would have been included in the a fore mentioned prenuptial. Simply put, To keep your asset's safe you would have just not included these funds in the marital accounts. In this light a prenuptial is not necessary to protect yourself with asset protection.
If before marriage, All to keep Asset Protection in a divorce. Just keep your accounts separate and you will have used Asset Protection in divorce. As you can see Asset Protection can be very simple or very complicated. Especially if involving a court of law. You never know what a judge of the courts may do or order during a divorce.
You may have certain other rights in your state of jurisdiction. Remember that some states don't allow the protection of asset's in any circumstance. Know your state and local laws in this area. Also certain country's don't allow asset protections in any form.
Have your asset's planned before you get married to avoid any hatred or despise for the other party. It is that simple to make asset protection in a divorce work for both party's involved.
Asset Protection Guide:
The strange and sometimes puzzling evolutions in the business world ask for more and more secure methods of protecting the client's assets. In spite of all popular articles claiming the right to be taken into consideration, asset protection strategies depend on individual perceptions. Each person involved in a business is supposed to choose his own means to protect his assets. His decision is crucial but it can be changed by several factors. First element which enters the system of asset protection strategies is considered to be the counselor. He can be a lawyer or not. His position is not really important. Most important fact about a counselor is to understand his client's business and to be able to offer the appropriate advice. He is the most significant element which decides upon asset protection strategies. A counselor must be well informed about all law changes so he can direct his client in the right way. If the relation between two of them respects the basic principles of communication then results are fortunate. Each counselor has to know everything about his client's business as long as he is supposed to guide him towards financial success. However each person owning a business has the right to decide on his future movements. Even if a counselor does try to influence him the final move depends on the client's dynamic character.
A business man might be misguided by his private counselor. Applying asset protection strategies means playing with the law system. This is not about violating basic principles. Most of all is about discovering original ways which might give someone the chance to take advantage in certain situations. For example the principle of LLC might prove extremely operative. But if there are not any experienced persons behind the business master then he would probably miss this hint. The asset protection strategies system is quite sinuous and requires a capable person who is able to explain the basic rules.
People involved in a business might take this fact as a childish game and enjoy playing till the end. First of all, people are supposed to think about asset protection strategies. If taken into consideration right from the beginning then things are really simple. So the business man will enjoy his position being already protected against all possible dangers. If his counselor prescribes him the appropriate asset protection strategies then he does not have to worry about future success. From now on procedures are not so complicated. They remain exhausting but they are pleasant in a way. They are pleasant because they prove their efficiency. They are no longer insecure means of gaining money. Taking real advantage of the asset protection strategies means finding all the possible ways towards financial success. No one should miss this valuable tip of the presence of the counselor. Once a business is getting stronger and stronger, its owner must thing about all opportunities to protect his money. Of course that a counselor would always come with additional information but the final decisions belongs to the client. He is the only person who can decide upon asset protection strategies. He can say if certain strategies are compatible with his expectations. A counselor might always suggest something but if his client does not want to respect the plan then the deal is violated. There are no formal procedures to punish such a decision. The business man might be right. He knows his business. Maybe the counselor is wrong. There are numerous possible situations. But a good counselor would always be able to offer a good advice. So asset protection strategies might be best suggested only by a counselor.