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so whats better a trust or a prenuptial agreement you can set up an asset protection trust yourself without the intervention of your future spouse an experienced professional creates the trust you put your assets into it established properly and legally we have seen the proper trust very effectively protect assets from divorce with a prenuptial agreement on the other hand you must hire an attorney who represents only you your future spouse must hire a separate attorney that represents only him or her the two attorneys hammer out the terms your fiances attorney fights for more yours fights for giving them less after battling the two parties usually come to an agreement you both sign if there is a divorce opposing counsel can challenge the validity of the prenuptial agreement a trust especially an offshore trust where the trustee is outside of the jurisdiction of your local court is very difficult to challenge in fact weve never seen one of our clients lose money in a divorce case fo