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The discussion compares asset protection trusts and prenuptial agreements in terms of their effectiveness and setup. An asset protection trust can be established by the individual without involving their future spouse, while a prenuptial agreement requires both parties to hire separate attorneys to negotiate terms. The process for prenuptial agreements can lead to contentious negotiations, and their validity can be challenged in divorce cases. In contrast, asset protection trusts, particularly offshore trusts with trustees outside local jurisdiction, are difficult to contest. The speaker notes that their clients have not lost money in divorce cases when using properly established trusts.