Best way to protect assets’ prior to marriage?

[wylie]

You are still making wrong assumptions. Take your blinkers off.
Your assumptions are all completely wrong. But if it makes you feel better to think all women are scheming, go right ahead. Perhaps this guy should have been a woman, as he is pretty good with the scheming.

And yes, evidence can (and is) being traced, and it costs a lot of money to trace it. Solicitors don't come cheap. And you and I both know, that not everything can be traced. How can anybody prove what is stuffed under the mattress?

Business did fail, but he seems to be spending up pretty big, and living the high life. The kicker is that his kids see it, he has already lost their respect and will continue to lose in the long run. Kids are not stupid. They see their mother scrimping and him with lots of folding stuff whilst telling them he has no money.

And I will balance this pathetic story with another I have personal knowledge of. One man who divorced his wife to marry somebody from work was man enough to keep his wife in the manner she was accustomed. Nothing flash, but paid enough maintenance so she didn't have to go to work until the kids were a bit older, just as she was doing until he had his fling. Perhaps he felt guilty and did it for that reason. Or perhaps he was just a fair man. Kudos to that man.

 

[crc_error]

You are still making wrong assumptions. Take your blinkers off.
Your assumptions are all completely wrong. But if it makes you feel better to think all women are scheming, go right ahead. Perhaps this guy should have been a woman, as he is pretty good with the scheming.

again, your twisting what I said and not paying attension. Not all women are scheming.. but the law allows for men to get screwed over hence this orginal thread trying to get suggestion to protect his wealth.

And yes, evidence can (and is) being traced, and it costs a lot of money to trace it. Solicitors don't come cheap. And you and I both know, that not everything can be traced. How can anybody prove what is stuffed under the mattress?

so how do you know it was there?

Business did fail, but he seems to be spending up pretty big, and living the high life. The kicker is that his kids see it, he has already lost their respect and will continue to lose in the long run. Kids are not stupid. They see their mother scrimping and him with lots of folding stuff whilst telling them he has no money.

Prehaps he has a new job now earning money.. plus with his 1/2 of the 1 million dollar house, he is doing quite well. she probably chooses not to work, hence doesn't have as big income as he does. I would suspect the mother is also rubbishing her ex to this kids, hence why they are against him. I have seen this time and time again.

And I will balance this pathetic story with another I have personal knowledge of. One man who divorced his wife to marry somebody from work was man enough to keep his wife in the manner she was accustomed. Nothing flash, but paid enough maintenance so she didn't have to go to work until the kids were a bit older, just as she was doing until he had his fling. Perhaps he felt guilty and did it for that reason. Or perhaps he was just a fair man. Kudos to that man.

Kudos... yep a woman gets a free ride..... wonder if women would do the same should they have a fling.....

You still didn't answer if she got her 1/2 the house? I'm sure she doesn't need to struggle with $500,000... prehaps the 'struggle' is a act to turn the kids against the guy?

 

[wylie]

Are you drinking crc error, or on something. The house is going to be sold because he used it to prop up HIS failed business. Neither will get anything except he has money tucked away. Do you understand NOW?

She has always worked. She has more nouse than him.

You are WRONG yet again. Please don't make any more wild, arrogant assumptions. You have NO IDEA.

I have NEVER heard her say a bad word against him whilst the kids can hear. She is in a child oriented industry, and is a fair woman. She is better off without him, though she has nothing after he shafted her of everything. DO YOU UNDERSTAND?

You really need to read posts properly.

I'm guessing you might be bitter about something in your past?

 

[Mr. Fabulous]

Welcome to the phenomenon that is crc_error, wylie.

Mark

 

[GoAnna!]

I feel like I am in the middle of a toxic marriage here

If these are the dynamics you create crc_error I think marriage would be a lousy idea for you.

 

[Raddles]

Hi there
perhaps it is time to get back to the topic.

I hope Windsor you are still thinking of using a binding financial agreement. In my opinion you have come up against one of the lawyer's who shows a reluctance to use them to full advantage. Given that you have a child from a previous relationship to care for, there would be grounds for preserving assets to also assist in that childs upbringing.

As for the comment they (the agreements) won't last 10 years? - given they have only been available since 2000 - we are not even at the 10 year mark.

As has been pointed out - there are no winners in a family breakdown - so do all you can to make sure you are not one of the statistics.

If the agreement you have with your new spouse is fair - there is every chance it won't be challenged. My experience with family law matters suggest that most women are reluctant to fight a matter unless there is some gross unfairness in the situation. Some still can't afford to or the end result would not justify the costs involved.

As for the inheritance, perhaps it should be made clearer that your partner will not be given those assets, but they are taken into consideration in any split of your matrimonial assets. If you have greater resources, then she would be entitled to more of the matrimonial pool of your second relationship, particularly if she is caring for more of your children.

Hopefully you can find the balance between protecting assets and commencing a relationship which could bring you more joy and happiness, overcoming some of the problems in the past.
thanks

 

[windsor]

Hi there
perhaps it is time to get back to the topic.

I hope Windsor you are still thinking of using a binding financial agreement. In my opinion you have come up against one of the lawyer's who shows a reluctance to use them to full advantage. Given that you have a child from a previous relationship to care for, there would be grounds for preserving assets to also assist in that childs upbringing.

As for the comment they (the agreements) won't last 10 years? - given they have only been available since 2000 - we are not even at the 10 year mark.

As has been pointed out - there are no winners in a family breakdown - so do all you can to make sure you are not one of the statistics.

If the agreement you have with your new spouse is fair - there is every chance it won't be challenged. My experience with family law matters suggest that most women are reluctant to fight a matter unless there is some gross unfairness in the situation. Some still can't afford to or the end result would not justify the costs involved.

As for the inheritance, perhaps it should be made clearer that your partner will not be given those assets, but they are taken into consideration in any split of your matrimonial assets. If you have greater resources, then she would be entitled to more of the matrimonial pool of your second relationship, particularly if she is caring for more of your children.

Hopefully you can find the balance between protecting assets and commencing a relationship which could bring you more joy and happiness, overcoming some of the problems in the past.
thanks

That’s one of the bring problems, for inheritance to be considered part of the marriage asset pool in case of divorce and even though you stated on the Financial agreement thats its not any any way shape or form part of the marriage in case of a divorce, but not even the Agreement will protect you as its always open for attack, did she contribute anything to that "NO". Not even a Financial agreement can protect you if you do inherit alot.

What gives her the right to have any part of what your parents worked so hard for, NONE.

I do agree about the children, 1st child she would get 60%, 2nd child 70%,3rd child 75% caped at.

 

[yo yo ma]

I do agree about the children, 1st child she would get 60%, 2nd child 70%,3rd child 75% caped at.

If I ever split with my wife, she can have 100%. I would be happy to start again. I want my kids to have the best.

Fortunately though, this is very unlikely to happen as we celebrate our 10th wedding anniversary in a couple of weeks.

 

[Dazz]

I would be happy to start again.

Sounds noble Steve, and in theory I'd probably agree, but damn that's a long waaaayyyy down.

 

[Mr. Fabulous]

If I ever split with my wife, she can have 100%. I would be happy to start again. I want my kids to have the best.

So what you're saying is that you wouldn't provide your children with a thing if you kept some of the assets? Your kids would only have the best if your wife got everything?

Tell you what, you ever get divorced, let me know. We can get hitched, adopt some kids and you can start over again a third time!

Mark

 

[Mr. Fabulous]

Sounds noble Steve, and in theory I'd probably agree, but damn that's a long waaaayyyy down.

Didn't you say a few weeks ago you'd do the same?

Mark

 

[yo yo ma]

Tell you what, you ever get divorced, let me know. We can get hitched, adopt some kids and you can start over again a third time!

Thanks Mark... I'll keep that kind offer in mind

I'm not meaning to be noble Dazz... just pointing out that things can change if the OP decides to bring children into the equation.

 

[crc_error]

If I ever split with my wife, she can have 100%. I would be happy to start again. I want my kids to have the best.

Fortunately though, this is very unlikely to happen as we celebrate our 10th wedding anniversary in a couple of weeks.

So throwing money at your kids is what you consider them as having the best?

Look how paris hilton turned out.. she has always had what you consider as 'having the best'..

 

[GoAnna!]

yo yo man

I am curious as to why you would leave your wife 100. Surely the family home and sufficient ongoing support to maintain your children in their current lifestyle would be more than fair?

I know of people who have doen this but I must admit I did not quite understand their thinking and why they seemed to devalue themselves so much.

Congratulations on your upcoming 1o year anniversary. I am sure there are many more happy decades to come.

 

[Mr. Fabulous]

I know of people who have doen this but I must admit I did not quite understand their thinking and why they seemed to devalue themselves so much.

I was thinking the same thing.

Congratulations on your upcoming 1o year anniversary. I am sure there are many more happy decades to come.

Congratulations, indeed! These days, less than half of all marriages make it this far. Let's just hope she doesn't decide to leave you.

Mark

 

[Minx]

Err simple, don't get married!!!!

Sounds like you can't have your cake and eat it too. Just pick on or the other. Your money or love life.

My partner gave me 50% of his company. Am I even thinking these what if, in case of a bust up? Nope. My partner and I will be living in a 1.3 mill house with no mortgage to pay thanks to me. Am I worried? Nope. Would i still be with him if I was worried...nope either.

 

[The Y-man]

Err simple, don't get married!!!!

You forgot the "marry someone richer" option

Cheers,

The Y-man

 

[craigb]

This thread has become toooo! heavy guys, there no winners on this one .

 

[Mr. Fabulous]

Looks like we'll be continuing the conversation without Craig then!

Mark

 

[yo yo ma]

I am curious as to why you would leave your wife 100. Surely the family home and sufficient ongoing support to maintain your children in their current lifestyle would be more than fair?

Maybe I exagerated when I said 100% because divorce is not something that is very unlikely to happen. I have seen a few others where the parents fight about money and the kids are the ones who suffer. The most important thing is to have regular contact with both parents.

My point is I won't be leaving the kids short if it was to ever happen.

crc, agree with you about kids who get everything handed to them... that won't be happening in my case (however, they will be comfortable).