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Protecting marital assets in a divorce

For many Washington residents, dividing marital assets is one of the most overwhelming areas of divorce. Many may be wondering what steps are available to help ensure that marital assets are fairly divided following a separation. Paving the way for a smooth marriage or divorce is possible during all times in a couple's lifespan -- before and during a marriage, as well as before the divorce proceedings occur.

Many couples may wish to look into signing a prenuptial or postnuptial agreement. It is important to note that these two options are only available to still married or soon to be married couples. Couples who are not yet married have the prenuptial agreement available to them, while those who are already married may have the postnuptial agreement. While perhaps not the most romantic notion, these agreements are an act of prudence. They define the terms of marriages, ensuring that marital assets are fairly divided in the event of a divorce occurring in the future.

For those already in the process of divorcing, different stratagem is required. There are still many helpful steps a divorcing spouse can take at this stage. One of these is to create a thorough inventory of each and every marital asset. Making clear which assets are part of the marital estate and which assets are independently owned can help ensure that things move along smoothly. What's more, looking at not just what assets, but when these assets were acquired can also prove helpful. Whether an asset was acquired before or after the marriage can make a difference in the court's eyes.

There are many intricacies involved in the division of assets. The legal nuances of these proceedings can prove to be extremely complicated. In fact, it often demands that divorcing couples seek out divorce attorneys with expertise in family law to help them prepare the strongest possible strategy for ensuring fair divorce proceedings.

Source: FindLaw, "Managing Marital Property: Do's and Don'ts," Accessed on September 1, 2015

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