This is not the only reason Bennett recommends the creation of an APT instead of a marriage contract. Marriage contracts are often cited as a means of securing property in case of adultery. However, a marriage contract is not legally binding, although a court may take this into account. There is still a stigma that prevents engaged couples and their families from being talked about. The same is not true for discretionary trusts, which are rather seen as a planning tool for the future. To discuss how best to protect your property without a marriage contract – and without your future spouse needing to know – contact Josh Bennett at (954) 779-1661, or visit www.joshbennett.com. If you`re looking for ways to protect your separated assets in the event of divorce, but a prenup isn`t an option, there are four alternatives to creating a marriage contract. Discreet trusts can also be a useful way to protect family property when children marry – to ensure that property is protected in the event of an unfortunate subsequent divorce. Depending on the amount you have previously offered, a total of £325,000 from each parent can be put into a discretionary trust during their lifetime. Provided that the total value of your gifts made by each spouse over the past 7 years, including the gift to a discretionary trust, is less than £325,000, inheritance tax (IHT) will not be immediately deducted from this amount, although periodic IHT fees may be levied during the term of the discretionary trust. Talk to a marriage contract lawyer in Atlanta to determine all the legal possibilities to protect your separated property, even if you don`t have a marriage contract or don`t want to create one. Contact our lawyers at Buckhead Family Law for a case review.
Call 404-600-1403. A trust is a relationship established on the instructions of a person in which that person entrusts one or more persons, often designated as trustees, to subject the person`s property to certain obligations and to use and protect that property for the benefit of others. Trusts can be used by a future spouse`s family to protect an inheritance or family patrimony in the event of divorce, or a trust can be used by a prospective spouse to protect their individual assets. Trusts offer protection in the event of divorce, because once the money or property has been used in trust, it is considered the property of the trust for legal purposes. When a spouse is not a legal owner, he or she generally cannot be subject to a fair distribution during the divorce. There are different types of trusts, and there are very strict procedures that must be followed to ensure that a trust is validly created and effective. If you are looking for an effective method to protect your property after a divorce, a trust can be a good option. Talk to a family law lawyer for more information and details on how to structure your financial affairs before marriage to protect your separated assets in the event of divorce. .