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Asset protection in case of divorce

CryptoTrader12

CryptoTrader12

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Dec 5, 2019
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#1
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Hi, I live in the United Kingdom and I'm looking to get married soon. While I trust my partner, the divorce rate here is high and the courts are often not fair so looking to mitigate my risk. Me and my partner do not live together.

At the moment I only have crypto (relativly easy to protect) but in next year I'm looking to purchase real estate in the UK and start a contracting business.

What is the best way to protect these assets, especially from divorce? I'm looking for something relativly cost effective as the value of my assets is not huge but not small.

At the moment I'm thinking the best structure would be a Dutch Stak (Dutch foundation) + UK LLC. That way, I technically don't own the company, is there way this can be attacked? I'm thinking of a Dutch Stak as from my research it has minimal adminisration costs and is pretty flexible.

Any tax and inheritance benefits are also a bonus. Thoughts?
 
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#3
The best would be a prenup. Nice and simple.

If you want to go down the complicated route, you need to sit down with a specialist (probably several specialists) to work out a plan that's bespoke to your situation.

As @CyprusLawyer101 said, asset protection is not an off the shelf type of service. Asset protection is the result of careful risk analysis and understanding of relevant laws.

However, if your assets are neither huge nor small, the costs and complications for a proper asset protection setup may be prohibitive and significantly reduce the amount of liquid cash you have available at your disposal. For example, it may be that the company's profits need to sit in a trust or foundation that you can't access for a period of years, during which time you would be limited to whatever you pay to yourself directly (and thereby isn't in the asset protection structure).
 
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#5
Prenup would be ideal but can be contested in the UK and has often been overturned in court. Doesn't seem like a particularly strong option compared to a trust (although, if a trust is too expensive, maybe it can be the only option?)

Sols said:
The best would be a prenup. Nice and simple.

If you want to go down the complicated route, you need to sit down with a specialist (probably several specialists) to work out a plan that's bespoke to your situation.

As @CyprusLawyer101 said, asset protection is not an off the shelf type of service. Asset protection is the result of careful risk analysis and understanding of relevant laws.

However, if your assets are neither huge nor small, the costs and complications for a proper asset protection setup may be prohibitive and significantly reduce the amount of liquid cash you have available at your disposal. For example, it may be that the company's profits need to sit in a trust or foundation that you can't access for a period of years, during which time you would be limited to whatever you pay to yourself directly (and thereby isn't in the asset protection structure).
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Good points, if the profits had to sit in the foundation then that would limit liquidity which is not ideal.
 
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#6
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#11
Keep your existing money separate. Do not mix it with hers and do not let her contribute towards your properties or put her funds into your bank accounts.

Make a list of assets you are brining into marriage and sign a prenup stating that all of these would remain with you after a divorce.

But, you will most likely not be able to protect anything you earn once you are married, unless its from the abovementioned assets and even then be prepared to pay alimony if you are wealthier. Things will get even worse for you if you have children and she gets custody.

In other words, write off 50% of your net worth and live happily ever after.
 
#15
azb1 said:
Personal Advice: Do not get married , If you have 0.0000000000001% doubt about her....You are inviting trouble in your life...or be prepare to lose 50% of networth
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Should have seen this a few years ago thu&¤#

I would recommend you to get in touch with a good lawyer to help you plan something, that may be the best to ensure everything is correct and no surprise show up later.
 
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#18
JohnnyDoe said:
renting a chapel and hiring a fake priest will cost you less than a lawyer...
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In some jurisdictions simply living with a woman for so many months automatically makes you married.

I don't live with girlfriends for this reason either.

Besides, why would you want to live with a woman long term? I have a dishwashing machine already. :)
 
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#20
Equity strip. If you want to buy a house get a big mortgage. Borrow for car, other items.
 
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