pre nuptials

[micksnowdog]

so who has a pre nup?
how did the wife to be handle the notion?

[Lazarus]

so who has a pre nup?
how did the wife to be handle the notion?

pre-nups in Australia are nothing like those in America. You can't bypass civil law in a pre-nup here.

[micksnowdog]

could you elaborate on that a little?

[Lazarus]

could you elaborate on that a little?

Well, despite what you might want to include in the pre-nup, Australian divorce law is paramount.

You simply can't include in any contract, any condition/clause/exclusion that atempts to overide an existing civil law.

[micksnowdog]

so even if james packer was marrying a crack addict stripper she would still own half his shit regardless of any pre nuptial agreements?

[Lazarus]

so even if james packer was marrying a crack addict stripper she would still own half his shit regardless of any pre nuptial agreements?

if she met the requirements under Australian divorce law, then yes.

[Lazarus]

I stand partially corrected:

Are Prenuptial Agreements Binding?
Yes. Since December 2000 parties who are to be married are able to enter into Prenuptial Agreements (known as Financial Agreements) that provide for how assets will be divided if the marriage later breaks down.

Prenuptial Agreements are enforceable in Australia if they follow and adhere to the very strict legal requirements of the Law..

What can Prenuptial Agreements cover?

Prenuptial Agreements can deal with property division and also spouse maintenance. They can take into account anticipated changes such as children being born and the length of a marriage, by providing for different asset splits, depending on how long the marriage lasts, how big the asset pool is, or how many children are born to a couple.

What if we are already Married. Can we enter into a Financial Agreement now?

Yes. Couples who are already married may enter into a binding Financial Agreement that provides for how assets are to be divided if the marriage later breaks down.

Can De Facto Couples make Binding Financial Agreements about what happens if they Separate?

Yes. Whilst de facto couples in NSW are not governed by the Family Law Act, there is State law in NSW that enables them to enter into binding documents called Domestic Relationship Agreements, that have the same effect as Prenuptial Agreements do for married couples.

Can Prenuptial Agreements and Financial Agreements be set aside?

Yes. The Family Court has powers to set aside Prenuptial Agreements where either they do not comply with the Family Law Act or there has been some fraud, undue influence or non-disclosure at the time the Agreement was made.

The Court can also set aside a Prenuptial Agreement if there is a material change in the welfare of the children and it would cause a hardship to enforce the strict terms of a Prenuptial Agreement. For example, a Prenuptial Agreement might provide that on separation, a wife gets no assets and the husband keeps all assets in his name. If, at separation, the wife is caring for several children and has no income or assets, the Court is likely to set aside the Prenuptial Agreement as causing hardship to the wife and children.

If a Prenuptial Agreement is set aside, the Court's general powers to alter property interests and order spouse maintenance then applies. This could obviously result in Orders being made, far less favourable to a party than what the Prenuptial Agreement provided for.
http://www.thenortonlawgroup.com.au/...tsBinding.aspx

[Spaghetti_Arms]

If I was to marry again I would. I was broke when I got married so wouldn't have made a difference.

[RF1964]

I hear you but how do you approach the subject...

"Look honey I love you but in the event that this doesn't work out do you mind signing this?" OR

Honey, before we get married, do you mind speaking to my solicitor?"

I've been married before but fortunately for me she hated me so much that she didn't want anything from me. LOL.

[micksnowdog]

thats good luck and good management RF

[RF1964]

Yeah I thought so. Good thing we didn't have kids!