007: Divorce: Prenup, Postnup and Everything in Between


In this episode of Absolute Trust Talk, Kirsten welcomes Walnut Creek family attorney Ariel Brownell Lee into the studio.

During her conversation with Kirsten, Ariel touches on all aspects of a prenuptial agreement. While discussing the pros and cons, Ariel reveals just how much a prenup can, and can’t, protect. Kirsten and Ariel explore the overlap between estate planning and divorce by examining community property, characterization of assets, and the protection a postnup can offer married couples years into their marriage.

Later, Ariel weighs in on what couples heading for divorce should think about and offers actionable tips and tools.

Big Three From Episode # 007:

  1. Have the uncomfortable conversations with your spouse
  2. Plan ahead, even if it seems like something you don’t need to think about, you do.
  3. Always seek counsel. Don’t try and do the work on your own. It’s more efficient to do it right the first time than to hire someone to clean up your mistakes.

Time-stamped Show Notes

2:55 – What kinds of couples need a prenuptial agreement?

3:50 – Ariel talks about the pros of a prenup

4:20 – Ariel talks about the cons of a prenup

5:30 – Ariel and Kirsten discuss what a prenup protects

6:15 – Spousal support gets tricky here – don’t think you need it, but do you?

8:09 – Ariel highlights the things a prenup doesn’t protect

9:09 – Kirsten talks about community property, the magic number 8 and post nuptial agreements

10:59 – What’s the difference between prenups and postnups?

12:02 – How to ensure your prenup is enforceable – hint: the answer isn’t online.

14:30 – Ariel roadmaps what a divorce looks like with a prenup and without a prenup

19:00 – What should couples think about when they are heading for divorce?

24:06 – What does child custody look like in divorce?

27:54 – What are other custody disputes?

33:13 – Ariel talks ladies in law

Episode # 007 Freebie:

Heading for divorce is an emotional time and getting your head in the game is not always the easiest. Your judgment is probably clouded whether or not the separation is mutual. If you are heading down this road, it’s time to get started and get ahead of the game. Family lawyer and Absolute Trust Talk guest Ariel Brownell Lee has put together a free pre-divorce checklist and roadmap. These take a bit of guesswork out of your future. From issues to consider, to documents to gather, Ariel provides and a broad overview of what to expect from filing to judgment. Ariel hopes these tools will bring a little bit of support and a little bit of certainty to you about starting the process. Download your free checklist here and the Divorce Process roadmap here.

Resources/Tools/Links Mentioned in this Episode:

A Seat at the Table: http://cwlseatatthetable.blogspot.com

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