Asset Protection
A layered approach to pre-marital planning.
Pre-marital planning works best in layers, combining the clarity of an agreement with the quiet strength of an asset protection structure.
Marriage is a leap of faith, and planning for its possible end feels at odds with that. But protecting premarital wealth, a family business, or an inheritance is simply prudent. A layered approach lets you do it thoroughly while softening the hardest part, the conversation.
Layer one: the agreement
A prenuptial (or postnuptial) agreement sets clear expectations about what stays separate. Properly drafted, with disclosure and independent counsel, it’s direct and enforceable. It handles the assets and issues an agreement is best suited to define.
Layer two: the trust
An asset protection trust adds a different kind of security. Assets you place in it before marriage are no longer individually owned, so they’re generally beyond the reach of a future divorce claim, and beyond creditors and lawsuits as well. This layer often carries the assets that are hardest to negotiate over, like a family business or inheritance.
Why layering works
Each layer covers what the other can’t, and the trust can reduce how much the agreement has to cover, easing the negotiation. The right mix depends on your assets and your relationship. Tresp, Day & Associates helps couples plan protection that fits their lives.
Ready to protect what is yours?
Since 1992, Tresp, Day & Associates has structured asset protection for families and businesses nationwide. Request a consultation or call (858) 755-6672.
Common questions
Frequently asked
What's a layered approach to protecting assets before marriage?
It combines a prenuptial agreement, which clearly defines what stays separate, with an asset protection trust, which removes key assets from your individual ownership so they're shielded from a future divorce as well as creditors and lawsuits. Using both protects more thoroughly than either alone and can ease the pre-nup conversation.
This article is general information, not legal or tax advice, and does not create an attorney-client relationship?
This article is general information, not legal or tax advice, and does not create an attorney-client relationship. Every situation is different and the law changes; consult a qualified attorney about your circumstances.
This website is for general informational purposes and does not constitute legal advice or create an attorney-client relationship. Every situation is different; please consult a qualified attorney about your specific circumstances.
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