Maintaining Privacy and Confidentiality During a High-Net-Worth Divorce
Avoiding a lengthy court battle is the best way to keep personal matters private and confidential when a marriage ends. Preplanning can circumvent the potential for unwanted disclosure and stress on both parties.
This can be accomplished by the spouses agreeing (before marriage) to a prenuptial agreement (prenup) that outlines how property and finances will be divided should the marriage conclude.
In some cases, spouses also have a postnuptial agreement if any additional arrangements need to be considered due to changing circumstances.
Because court records are in the public domain, mediation or a prenup will keep your personal business private. That may be preferable to airing your business, giving up control to the court, and letting the judge decide the best outcome.
A split can be uncontested if there are no unresolved money issues between the divorcing couple. However, more often than not, when the stakes involve couples with several million dollars or more, and there is a disparity in wealth, we can expect high drama and the proceedings to be contentious.
A prenuptial agreement contributes to a more peaceful dissolution of a marriage, bypassing a costly and lengthy court battle. The agreement can involve:
- Division of assets and liabilities
- Spousal support
- Care and cost of the children
- The family home and other real estate holdings
- Attorney fees
If the divorcing couple is willing, negotiation can help iron out some sticking points between the parties and allow them to dissolve the union. Otherwise, they may be locked in a contested divorce for years.
At this time, you will benefit from the guidance of an experienced, compassionate Florida Family Law attorney. The wrong move or accusation can exacerbate an already contentious situation and elevate the fight to a new and unwanted level.
There is also the public interest consideration in the details of your split, the valuation of assets, and the maneuvering of one or both spouses to hang on to what they believe is theirs.
Children, unfortunately, are often caught up in this War of the Roses, and experiencing a public airing of personal matters may not be in their best interest.
Divorces are almost always messy, but Crystal Collins Spencer will be your advocate to get through the painful process with the best possible outcome.
If you and your spouse cannot agree, the court may take over the dissolution of the marriage. Without a doubt, there are things you will not agree with if that happens. Once you hand over the power to the court, you should be prepared to compromise beyond the level to which you are comfortable.
When privacy is a concern in a high-stakes divorce, both parties should be able to find the motivation to reach a fair compromise that allows each party to move on with their lives.
Your Experienced, Compassionate Florida Family Lawyer
Ms. Spencer has experience dealing with high-stakes divorces where privacy is a concern. In some instances, she brings in experts to delve into offshore holdings, to probe one’s digital life, and multi-tiered financial arrangements. Ms. Spencer enjoys the reputation of being a tough negotiator who has seen every trick in the book performed by those who want to hide assets.
The goal will be equitable distribution under Florida divorce laws. Properties, pensions, investments, retirement accounts, foreign holdings, business assets, trust accounts, family holdings, boats, cars, jets, commercial and residential real estate, jewelry, and art will all be valued and equitably distributed.
Alimony, rehabilitative alimony, the cost of maintaining a family home, and legal fees can all become part of the negotiation. Debt accrued by one or both parties must be included in the final negotiation.
The tax consequences looking forward will be considered as part of the long-term value of your assets.
Attorney Crystal Collins Spencer will be your advocate in crafting the structure of your divorce agreement that works for you and your family moving forward.
Let her compassionate guidance and experience help you during this difficult time. Call our Pensacola office at (850) 795-4910 to reach Ms. Spencer to begin the conversation.