3 Ways to Ensure Fair Asset Splitting During a Divorce


Divorce can be a gut-wrenching experience that involves tough decisions on the fair distribution of marital property. Most cases are settled through mediators without a physical appearance in the courtroom. However, every divorce is different and may involve complex financial agreements and considerations. Regardless of how you handle your divorce, it’s critical to ensure fair asset division between both parties.

1. Don’t Rush the Process

Some couples tend to rush the divorce process and forget about the event, especially when emotional or physical abuse is involved. However, a rushed process can lead to unfair asset distribution for a vulnerable spouse. Your spouse may capitalize on your desire to conclude the matter and trick you into leaving without sufficient support.

Marriage creates legal and logistical complexities around assets that can be cumbersome to sort. Marital property requires various valuation processes, especially when dealing with certain businesses. It’s essential to slow down and obtain a proper valuation of significant assets to ensure fairness. For instance, accurate valuation of depreciating and appreciating assets like real estate requires time and patience.

2. Consider the probability of Hidden Marital Assets

Some spouses may use a combination of complex strategies to shortchange their marital partner during property sharing. For instance, most people use overseas accounts, trusts, and trusted associates to hide shared assets and compromise fair division.

Consulting forensic professionals specializing in uncovering hidden assets can ensure you’re getting everything you deserve in a divorce. Alternatively, you can get a court order to make your spouse disclose unknown assets that may go under the radar. Most financial institutions can provide account records to help you determine the exact value of your marital property. However, you have to figure out which organizations hold the hidden assets.

3. Professional Mediation and Arbitration

Divorcing couples can use arbitration and mediation in dispute resolution to minimize the money and time spent on court litigations. Mediation processes allow the spouses more control over the potential outcomes and maintain privacy. On the contrary, the conventional court process exposes the divorce process to the public.
If your divorce process is relatively complex, each party can involve an attorney to ensure maximum protection of their rights and interests. Managing a divorce on your own may seem cost-effective but may lead to undesirable outcomes unless you have competent legal and financial expertise.

The outcome has a significant impact on your life, and you may not maintain the necessary objectivity since you are still dealing with stress and emotional pain from the divorce. It’s important to consult legal experts from Houston law firm to safeguard your interests and ensure you don’t lose your entitled assets in the process.

Endnote

A fair property division is essential in any divorce since it helps spouses start over when their union ends. However, various issues may arise during a divorce proceeding, depending on your situation. Dividing complex assets like real estate and businesses can be difficult, especially when you have vested interests. Since property sharing has long-term impacts, it’s critical to involve a legal expert to ensure a favorable determination. 

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Posted - 10/09/2023