Prenuptial agreements

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Torch
Torch
WA
521 posts
WA, 521 posts
15 Apr 2012 11:00pm
Has anyone had one made up? Just toying with idea after having a close call about 4 years ago
busterwa
busterwa
3782 posts
3782 posts
15 Apr 2012 11:05pm
The lawyer told me to a better way to go is to make her pay rent and give her a reciept. Drop the assets into a fambily trust and pay 1 dollar a week effectivle buying it back (fambily trust become first morgage.). But the bank may not want to take second/morgage on the assets.
smicko
smicko
WA
2503 posts
WA, 2503 posts
15 Apr 2012 11:16pm
If you need to worry about it, then she aint the one. Pack up and run!
Torch
Torch
WA
521 posts
WA, 521 posts
15 Apr 2012 11:17pm
I was thinking of a trust setup but a guy at work has had a drama with getting the money out. It depends on what type of trust he has also.

Any PMs would be appreciated
Torch
Torch
WA
521 posts
WA, 521 posts
15 Apr 2012 11:24pm
smicko said...

If you need to worry about it, then she aint the one. Pack up and run!


once bitten twice shy i'm afraid.

Its the 21st century theses days and working, saving and retaining hard earnt money is like a business.

The cohesiveness of the new age lawyer can easily corrupt someone for their own personal gain
smicko
smicko
WA
2503 posts
WA, 2503 posts
15 Apr 2012 11:46pm
Don't worry Torch I've been bitten too, cost me a $hiteload. I stand 100% by the statement above, if you have to even think about it. Then think about it.
pierrec45
pierrec45
NSW
2005 posts
NSW, 2005 posts
16 Apr 2012 2:04am
You're doing the right thing to worry, Torch.
Perhaps consult legally for options - great ROI there.

That thing about "if you need to worry...", he's not connected with the real world.
Anyone over 20-25yo has had friends and workmates and rels fall prey to the system.

You'll marry hoping things continue the same.
The other may do so hoping everything will change. The person that hopes things will change will never admit to it.
The cocooning that ensues marriage seems to change people...
smicko
smicko
WA
2503 posts
WA, 2503 posts
16 Apr 2012 12:52am
Question time....

Do you maintain separate bank accounts and run your finances separately?

Would you let a skimpy give you a lappy at the pub on Friday arvo?

Would you rather be at the pub on Friday arvo with the boys watching skimpy's than be packing up the car to go camping and surfing for the weekend with her?

Do you look at her and wonder what your children will look like?

Do you discuss what your strategies as parents are going to be? Do you agree on these? Can you come to some form of resolution if you don't agree?

Do you share common interests? Or would she rather have coffee with the girls and plan a morning shopping than go for a walk along the beach and chill out while you go for a paddle?

Is she your best mate? And your lover?

It all depends what you want out of life, if you want a business partner that you can bury your knob in, then a pre-nup could be a good idea.

The best thing you could possibly do is get some pre-marriage counselling together, just to make sure you are both chasing the same goals.
FormulaNova
FormulaNova
WA
15103 posts
WA, 15103 posts
16 Apr 2012 6:12am
busterwa said...

The lawyer told me to a better way to go is to make her pay rent and give her a reciept. Drop the assets into a fambily trust and pay 1 dollar a week effectivle buying it back (fambily trust become first morgage.). But the bank may not want to take second/morgage on the assets.


It would be interesting to see what really would happen if this was to be put to the test in a court case.

I think if you have been burnt or even if you haven't, a fair pre-nup sounds like a reasonable idea. If children come along, I think that changes things anyway.

If you are scared by someone asking you to sign one, why?
wodgina6722
wodgina6722
229 posts
229 posts
16 Apr 2012 8:07am
I would go pre nup. Things could change but most likely will not.

The fact is why is he having to have to think about needing a pre-nup? because the legal system is set up to take the assets from people who earn't them and give them to someone who hasn't.
supa
supa
NSW
249 posts
NSW, 249 posts
16 Apr 2012 3:19pm
I think Gene Simmons Book Sex, Money,Kiss covers this topic very well, very interesting and at times funny book
choco
choco
SA
4186 posts
SA, 4186 posts
16 Apr 2012 3:21pm
double barrel shot gun seems to have worked for people in the past
lotofwind
lotofwind
NSW
6451 posts
NSW, 6451 posts
16 Apr 2012 8:37pm
Simple,,only marry rich chicks.but only if you dont have to sign a prenup.
GalahOnTheBay
GalahOnTheBay
NSW
4188 posts
NSW, 4188 posts
16 Apr 2012 9:05pm
In Australia, the courts are able to (and do!) throw out prenups.

Basically they are not worth the paper they are written on...
Carantoc
Carantoc
WA
7283 posts
WA, 7283 posts
16 Apr 2012 7:29pm
GalahOnTheBay said...

In Australia, the courts are able to (and do!) throw out prenups.

Basically they are not worth the paper they are written on...


That is because you can't contract your way out of the law. All contracts are very low in the scale of what is the law, and any contract that contridicts the law can be ignored. So if you agree to say, not pay child care in the event something happens, then that is worthless if the law says you have to.

Torch said...

Has anyone had one made up? Just toying with idea after having a close call about 4 years ago


Everyone seems to be assuming you mean regarding a potential breakdown of the marriage contract.

The only prenuptial agreement you need is that cardinal pleasures must continue postnuptial. Unfortunately that is also apparently a worthless agreement.
FormulaNova
FormulaNova
WA
15103 posts
WA, 15103 posts
16 Apr 2012 7:54pm
Carantoc said...
<snip>

The only prenuptial agreement you need is that cardinal pleasures must continue postnuptial. Unfortunately that is also apparently a worthless agreement.


'Cardinal' pleasures? Oh okay, you have your idea of fun and I will have mine How many cardinals does it for you?

Maybe carnal pleasures would be better in a marriage?




Carantoc
Carantoc
WA
7283 posts
WA, 7283 posts
16 Apr 2012 8:19pm
Sorry, I meant cardinal virtues.

Whilst carnal pleasures may be nice in a marriage, you know it ain't gonna happen.


SandS
SandS
VIC
5904 posts
VIC, 5904 posts
16 Apr 2012 10:28pm
Great idea, if you can agree on something now , do it , may be the last time !
pierrec45
pierrec45
NSW
2005 posts
NSW, 2005 posts
17 Apr 2012 12:15am
FormulaNova said...
'Cardinal' pleasures, marriage lasting, etc.

The glances over cocktails,
that seemed to be so sweet.
Don't seem quite so amorous,
over the Shredded Wheat

FlySurfer
FlySurfer
NSW
4460 posts
NSW, 4460 posts
17 Apr 2012 12:24am
Worse case, take her diving... I saw it on TV.
Torch
Torch
WA
521 posts
WA, 521 posts
17 Apr 2012 7:52am
Cheers for the advice guys, I've booked into see a lawyer next week who deals with this stuff.

I've broken the news to her and she was fine with it. She was interested in protecting her assets from any situations down the road.

Sort of makes me love her more knowing she is a realist...

(or shes smarter than me )
longwinded
longwinded
WA
347 posts
WA, 347 posts
17 Apr 2012 8:44am
What you are looking for is called a "binding financial agreement" and can only be for assets currently owned by either party!
bjw
bjw
QLD
3691 posts
bjw bjw
QLD, 3691 posts
17 Apr 2012 12:09pm
At least a discussion of who would take what if you break up. That way there is so clarity of who owns what.
GypsyDrifter
GypsyDrifter
WA
2371 posts
WA, 2371 posts
17 Apr 2012 11:18am
GalahOnTheBay said...

In Australia, the courts are able to (and do!) throw out prenups.

Basically they are not worth the paper they are written on...


1+
I heard this on the radio the other day from a lawyer ...
doggie
doggie
WA
15849 posts
WA, 15849 posts
17 Apr 2012 11:23am
Torch said...

Cheers for the advice guys, I've booked into see a lawyer next week who deals with this stuff.

I've broken the news to her and she was fine with it. She was interested in protecting her assets from any situations down the road.

Sort of makes me love her more knowing she is a realist...

(or shes smarter than me )


The second one
busterwa
busterwa
3782 posts
3782 posts
17 Apr 2012 11:59am
GypsyDrifter said...

GalahOnTheBay said...

In Australia, the courts are able to (and do!) throw out prenups.

Basically they are not worth the paper they are written on...


1+
I heard this on the radio the other day from a lawyer ...


I have spoken to layers and they advised me to make her pay rent give her a receipt each week..


What ever the price of the dwelling has increased while she has lived there she can claim on an exdefacto relationship.
smicko
smicko
WA
2503 posts
WA, 2503 posts
17 Apr 2012 10:33pm
Make sure you keep a note of who gave what for wedding gifts, will make them easier to split up.
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