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Protecting Yourself During a Divorce

There are a lot of things to consider during a divorce, but the first thing you should be thinking about is protecting your rights and any important assets during the divorce proceedings. It’s important that you note hiding assets isn’t the best way to protect them; almost every time, those assets will be discovered, and you’ll be more likely to lose them as a result of your dishonest actions. So, here are a few ways that you can protect your assets and other important rights

Revealing All Assets

Contrary to what you might think, the best way to protect your valuable assets is to reveal all of them to your attorney, as well as to your spouse and their attorney. By being forthright, you are putting yourself into a position to better negotiate for those assets that you really want to retain and preventing any penal actions that might be taken against you if you should try to hide those assets.

Prenuptial Or Postnuptial Agreements

If you really want to protect those assets you brought into your marriage, the best course of action is a prenuptial or postnuptial agreement. These types of agreements allow you to specify which assets will be considered your own and which will be considered marital assets to be divided in a divorce.

But please don’t think you can rush out and get a postnuptial agreement before your spouse gets wind that you’re considering a divorce; if the divorce court has any suspicion that you requested the postnuptial because you were planning to file for a divorce, the agreement can be invalidated.

Separate Accounts

Another way to ensure your personal funds aren’t lost in a divorce is to keep separate accounts. For example, if you receive a large inheritance and you want to ensure that money goes to you in a divorce, you can’t deposit it into a shared account. Inheritance money is only considered separate property so long as it remains separate; if it’s added to a joint account, it becomes a marital asset and will be divided up in the divorce.

Negotiating With Your Spouse

Mediation attemptObviously, the abovementioned methods require forethought and planning, and many married couples don’t plan for a divorce when they’re getting married. So, if you don’t have a prenuptial or postnuptial agreement, and you haven’t kept your most valued assets separate, then your best course of action is to negotiate with your spouse.

This should always be done with the support of a divorce attorney in San Antonio, TX. You and your ex can go over your assets with your attorneys present and negotiate which assets will go to which party. For example, if you really want to retain the marital household, you may decide to give your ex a larger portion of the funds in your shared account or give them an asset that they’re attached to.

Parental Rights

Aside from asset division, child custody and parental rights are one of the biggest issues couples struggle with in a divorce. It’s incredibly important that you ensure your rights as a parent as protected, and that you not only have a physical presence in your children’s lives, but that you have a role in important decisions that pertain to them.

If you’re worried about protecting your assets and your rights in your divorce, contact 210-308-0004 to schedule a divorce attorney consultation in San Antonio, TX.

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