Getting divorced is never an easy, straightforward process. Unfortunately, matters only become more complex if you and your spouse share significant wealth or assets. If you or your spouse is a high earner or has accumulated substantial holdings during your marriage, preparing for a divorce is critical. A seasoned divorce attorney at our firm can advise you about what to expect and how to effectively protect your property before divorce proceedings begin.
A Ballwin high-asset divorce lawyer can help you defend yourself and everything you have worked hard for during the span of your marriage. At Jones Family Law Group, LLC, our team has extensive experience handling complex tax, business, valuation, and other general financial issues relating to divorce. Our seasoned divorce attorneys can call upon a network of experts to assess the value of your real estate, agricultural assets, art, collectibles, business interests, professional practices, and any other property at issue in your separation. From there, we will fight tirelessly for an equitable and fair division of these assets between you and your spouse. If you are considering leaving your marriage, call us today to get started.
Prenuptial Agreements and High Net Worth Couples
Pre-marital agreements, also called prenuptial agreements or prenups, are increasingly common, especially among high net-worth couples. If you and your spouse have a prenup, it is possible that one party might challenge it. Whether it survives the challenge depends on several factors.
For a prenuptial agreement to be enforceable, it requires that both spouses fully disclose all their assets and debts before either spouse signs the prenup. A judge will consider whether you and your spouse had independent attorneys review the agreement before they signed. Whether or not you had time to review the prenup and request revisions are also critical factors. A judge also considers whether there was undue pressure on either party—the closer the signature date was to the wedding, the more a judge might question whether a spouse really signed willingly. An attorney serving Ballwin can discuss the circumstances surrounding your prenup with you and advise whether it might be vulnerable to a challenge.
Ensuring Property Valuation is Fair
In many Missouri counties, the court will automatically issue an order preventing either spouse from disposing of marital assets. However, complex assets may require additional orders that can or should be requested by a Ballwin divorce attorney. The orders will preserve the status quo until a valuation of the marital property is complete and all property is distributed between you and your spouse. Unfortunately, the process could prevent some spouses from engaging in their ordinary course of business while the divorce is pending.
Achieving an accurate valuation of the marital property is often challenging when a couple has significant holdings. High net-worth couples often have interests in businesses or professional practices, and protecting a partner’s interest in that business is often a concern. Executives might have complicated compensation packages that include stock options, life insurance, and perks like club memberships, company cars, and deferred compensation for tax purposes.
Property division is often the most complicated part of a divorce, especially if you and your spouse have significant assets, a high income, and/or a high net worth. Locating and valuing marital property might require the participation of various experts. This process can take a long time, but achieving the equitable distribution the law requires is necessary.
Negotiation Achieves the Best Results in Most Cases
If you and your spouse cannot agree and a judge must divide your property, you might have to liquidate their assets and split the proceeds according to the judge’s orders. You are likely to reach a more satisfactory result if you can reach an agreement before the case reaches the trial stage.
Many couples benefit from mediation to resolve their property division issues. Mediation also provides the opportunity for a discreet resolution, something typically very appealing to couples with high-asset or complex assets. With a skilled mediator, even a couple in high conflict could resolve their dispute and arrive at a settlement both can accept. Although you and your spouse may negotiate your high-asset divorce under a mediator’s guidance, a Ballwin attorney can support you at a mediation to ensure you understand the agreement’s legal and financial implications.
Mediation or another form of alternative dispute resolution provides multiple benefits to a divorcing couple. You retain control of the process and are more likely to reach an agreement that allows each spouse to retain some of the property they are most eager to keep (rather than liquidating their holdings).
Rely on a Ballwin High-Asset Divorce Attorney from Our Firm
Do not wait to contact an attorney if you are considering a divorce and have significant assets or wealth. A skilled Ballwin high-asset divorce lawyer from Jones Family Law Group, LLC, is here to guide you through and prepare you for the long process ahead.
Divorce is never easy, but it could proceed more smoothly with help from an experienced legal professional. Contact our firm today to make an appointment with a knowledgeable attorney.