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In comparing asset protection trusts and prenuptial agreements, a trust can be established independently without involving the future spouse, created by a professional to legally protect assets from divorce. Conversely, a prenuptial agreement requires both parties to hire separate attorneys who negotiate terms, which can lead to potential challenges in validity during a divorce. Asset protection trusts, particularly offshore trusts with trustees outside local jurisdiction, are significantly harder to contest, offering stronger protection. Clients with trusts have reportedly not lost assets in divorce situations, highlighting the effectiveness of trusts over prenuptial agreements in safeguarding wealth.
