PRE- NUPS - any info to offer?

[jphanna]

Hey,

what does anyone out there know about PRE NUPS? do you have one, or know of anyone who has one? are they worth doing? Before i try and get married for a second and final time, i thought i would see what experiences others have had in this area.

thanks if u can help

[Reaper]

Are you loaded??? If not don't bother.

Reaper

[S.T.K.E]

I don't think it would look to good if you dump it on you missus.

"Hey honey i want to spend the rest of my life with you...... but in case i change my mind, sign here"

[bottleinspector]

im pretty sure pre nups are not legal in australia, ie. they wont hold up in court....if she splits, she gets half, unless you have kids together, then she gets more

[VNexecutive]

dont get married and keep all your shit to yourself

or you could hope you wont get a divorce.

[chrisdoesitbetter]

I don't think it would look to good if you dump it on you missus.

"Hey honey i want to spend the rest of my life with you...... but in case i change my mind, sign here"

lol its sad but honest

IMO if your worried about divorcing again, maybe its too early to re-marry or maybe she is not the one

[vkberlina]

im pretty sure pre nups are not legal in australia, ie. they wont hold up in court....if she splits, she gets half, unless you have kids together, then she gets more

no in Australia if there are kids you keep the shirt on your back she gets the rest

cheers
Scott

[ClairBear]

Save time and buy a house then give it to someone you hate.

[minux]

dont get married and keep all your shit to yourself

or you could hope you wont get a divorce.

You dont need to be married to lose half your stuff. If you live with your partner for 6 months you are classed as defacto now and legally entitlements begin

[Blown V6 Hatch]

Cut out the middle man, ey Sashyre....LOL

I thought PRE NUPS in Aus weren't worth the paper they are written on.

[minux]

Cut out the middle man, ey Sashyre....LOL

I thought PRE NUPS in Aus weren't worth the paper they are written on.

It is a legal binding contract entered into by both parties. Cannot see how it could not be binding.

In more recent times, pre nuptial agreements have again become more popular, particularly since the Family Law Amendment Act 2000 (which took effect from 27 December 2000) provided for pre nuptial agreements (Financial Agreements) to be fully enforceable in the Family Court of Australia provided certain conditions are met by the parties to the Agreement.

In fact, the Act allows for Financial Agreements prior to marriage (Family Law Act 1975 - Section 90B) after marriage (Section 90C) and even after separation (Section 90D).

To ensure that your pre nuptial agreement complies with the Family Law Act 1975 you should:

1. Make the agreement in writing.

2. Make the agreement before your marriage and in contemplation of that marriage.

3. The agreement must be signed by the parties.

4. The parties' signatures must be witnessed by an authorized person.

5. Both parties are required have independent legal advice prior to entering into the agreement, and must evidence that by providing Certificates signed by a legal practitioner.

6. The agreement must relate to specified property of the parties. The property can be in specific terms (eg, the Holden motor vehicle registration XY 123) or in general terms (eg, any motor vehicle owned by George).

7. The agreement needs to make it clear that it is intended by the parties that the property dealt with in the agreement is not to be made the subject of the property orders subsequently by the Family Court.

If it is your intention that, in the event that the marriage is unsuccessful, you want the Family Court to enforce the terms of the agreement, then it is essential that both parties comply with the terms of the agreement during the marriage.

The decisions you make about your financial arrangements are obviously very important decisions. The AussieLegal Pre Nuptial Agreement Kit will tell you what you need to know to enable you to draft a pre nuptial agreement.

Your draft agreement must then be taken to your solicitor, and the other party must also see their solicitor to be reviewed and certified before signing.

[jphanna]

i should have provided more detail. im sorry.

we are both set up with houses. both have secure jobs, both have teenage kids, both been previously cleaned out by dodgy money hungry people. this is a mutual agreement to ensure our existing assets are not to be used as leveridge in case of the worst case scenario. i appreciate the information provided so far.

[W84N01]

If you want piece fo mind, then have you thought about maybe going to a lawyer and drawing up a legal document with relelvant signatures stating that if anything ever happened between the two of you, you both walk away with what you brought into the relationship, and whatever was purchased together will then be split, or if not agreed to, then sold and split.

i hate people that always want more than what they are entitled to. Greedy money hungry biatches are lazy and need to get a life and get on with their own futures and get a real job to provide for themselves and their families.

You don't need to go a Pre Nup if you're weary about it, you can get free legal advice about other documents being drawn up, or come to an argeement yourselves, write it up and have it signed by a lawyer or Justice of the Peace. Maybe take it to the courts and have them sign off on it too.

Totally agree with you thou, some people have more to lose than others. Some people worked alot harder than others to achieve and accomplish what they have got so far

Good luck with it mate

[jphanna]

just so there isnt a bit of unnecessary aggro building up here. i got divorced 13 years ago. i never thought i would do it again (get married). circumstances change. over that period, because i was a victim, i had met MANY victims, male and female who have been cleaned out by people trying to 'gain financial avantage', the easy way. i know many guys like me, sure.....but i have met a few woman who have been taken to the cleaners, really badly, by some nasty guys out there.

this is not a woman bashing thread. it is simply that i am going to try my luck in marriage again, and BOTH me and my partner are starting to piece the requirements, together, so we are set up for the future. it surprising how much brain power is out there on a forum like this. VERY helpful so far. much appreciated!

[ClairBear]

Greedy money hungry biatches are lazy and need to get a life and get on with their own futures and get a real job to provide for themselves and their families.

Thems fighting words mate. There are some right bastards out there who sponge off women too you know and are dead beat dads. It's not a one way street.

[GenReaper]

Threads like this make me want to say it how it is.

If you are worried about Pre Nups then you are with the wrong person.
If its about Trust with one another then you either do or you dont.
If you Dont then your with the wrong person.
If you do then get married.

As minux said, 6 months, defacto, they could take you for a row, so make sure you trust her and are willing to spend you whole life with her or you may as well bail out now.

[W84N01]

SASHYRE - i'm a chick and i know all about it LOL, and i know that chicks are alot worse than blokes in some instances. Its females like that, that makes me embarassed to be one sometimes.

And

GENREAPER..........that's so easy to say. When you first meet someone, you promise each other that if anything ever happens then you take what you came with and so will i, then everything else will be split and we will leave amicably. The only problem with that, is thatpeople change and circumstances are always different. plus then you have that persons friends in their ear spruking off at the mouth telling them to take it all.....you deserve it coz you're better than them etc etc.............so everyone protects their assets and thinks of things other people don't.

[jphanna]

its very important that this doesnt turn into a men v woman slanging match. there are cheats and people that are looking for an easy 'pot of gold'....on BOTH sides of the fence.

After my first split, and the months after i learnt the extent of my $$$ that was going to be handed over to a person who came into my home with nothing but the clothes she was wearing, i was anti woman for sure. but over the years since, i met many women who have had their money/house/car etc wiped out by the same predators on the MALE side.

for the record, my current lady states that she sees a pre nup as a POSITIVE sign....you want to know why?

well she tells me that if she thought of a pre nup in her previous marriage, she is sure her ex WOULD NOT have signed one...and then she would have found out up front, his real intentions. this is very much a mutual agreement this time around, so those who say its pre-empting failure.....time will tell.

[GenReaper]

Promise to take what you came with, mate, heard that before and when it turns sour that promise turns into take as much as they can.
If things were to go sour usualy Promise goes right out the window and the row boat is what its all about.

Think you will find in a court of law a Pre Nup isnt worth the paper its written on.

[Demonica]

You dont need to be married to lose half your stuff. If you live with your partner for 6 months you are classed as defacto now and legally entitlements begin

That's why there is co-habitation agreements. They're the same thing as a pre-nup but for people who live together but are not married. My mum got one when her boyfriend moved in since she owned her own house, car etc and he had pretty much nothing and she didn't want him being able to get his hands on her house if they split.

[pillzor]

Save time and buy a house then give it to someone you hate.

HAHAHAH classic!