I am furious that the government can just designate a relationship and turn my property over to someone. I would like to make something watertight so that property I already had when we started living together can go to my children. To this end, what would be more watertight a will or a pre-nup. Can you envoke a pre-nup after you have been living together or is it something you can only do beforehand
Defacto and property
- Thread starter fernfurn
- Start date
From my understanding, even the best pre-nups are void when you have kids together.
There is also a limitation on how long you can keep things separate even if you started with $10M and she had $100k. I think it's either 5 or 10 years.
The only exception is if you can prove you have some amazing ability that has nothing to do with her. We are talking Picasso like painting skills or incredible Hollywood blockbuster acting abilities.
Why are you with this person if you are worried they will screw you over? Serious question, I never got that.
There is also a limitation on how long you can keep things separate even if you started with $10M and she had $100k. I think it's either 5 or 10 years.
The only exception is if you can prove you have some amazing ability that has nothing to do with her. We are talking Picasso like painting skills or incredible Hollywood blockbuster acting abilities.
Why are you with this person if you are worried they will screw you over? Serious question, I never got that.
Pre-nup or keep your jiggly bits away from his/her jiggly bits (as Dazz is prone to say). 
De facto property rights don't exactly work like you describe. If you're so worried about it, why not get some proper family law advice about how it does work before you go thinking you need a "pre-nup" or some weird will.
Because they are even more complicated in how they operate - you don't want to get it wrong.
Contrary to popular belief, the family law property rules for de facto are pretty fair in my experience. I can't remember the last time I saw a division of assets that I thought was unfair.
" I have a job and kids. She left me and I dont think she is a spouse and she wants me to pay something to feed, educate a clothes them but I refuse to pay it to her. I will argue its for them not her. But they live with her. "
Agree. Child support should be paid before taxes. To the custodial parent. Thats what you meant?
hmmm.
If you die and do not provide for your spouse, or children, either or both could apply for a Family Provion order to vary the will. Doesn't mean they will be awarded anything and the courts will take into consideration all sorts of factors.
These laws are needed. What would you say about a father sole parent who dies leaving his adult disabled daughther nothing as it all goes to the RSPCA for example. Or the woman who never worked or owned assets but the husband dies leaving it all to his mistress.
Binding financial agreements (prenups) can be made before during or after a marriage or a defacto relationship.
Celebacy and not associating with others is the only option to avoid this. (you could even lose things if there is no sex!)
Prenups are a US thing everybody
USA usa USA
We are oz oz oz!!!!!
Stop watching too much us law courtroom stuff or "E"!!!
They are not worth the paper they are written on
When you have kids everything changes, and judges can and will turn it over, it takes a first year law student to overturn it
There is.a financial binding agreement which is more tighter but is still overturnable
The only way I can suggest on protecting assets is being completely asexual, or to put them all into family trusts etc and once poo is about to hit the fan, to get removed from the trust, but I'm no expert on that one. I got screwed and have learnt my lesson! Now my assets are protected as best as I can do
USA usa USA
We are oz oz oz!!!!!
Stop watching too much us law courtroom stuff or "E"!!!
They are not worth the paper they are written on
When you have kids everything changes, and judges can and will turn it over, it takes a first year law student to overturn it
There is.a financial binding agreement which is more tighter but is still overturnable
The only way I can suggest on protecting assets is being completely asexual, or to put them all into family trusts etc and once poo is about to hit the fan, to get removed from the trust, but I'm no expert on that one. I got screwed and have learnt my lesson! Now my assets are protected as best as I can do
The best way to avoid any issues is to not let her move in. But I'm guessing that's not an option anymore?
Also that the kids are from a previous relationship?
Just NEXT! her and find someone else.
Also that the kids are from a previous relationship?
Just NEXT! her and find someone else.
Lots of talk about financial agreements not being binding.
Have a look at the relevant legislation:
s90g Family Law Act
http://www.austlii.edu.au/au/legis/cth/consol_act/fla1975114/s90g.html
s90k when a BFA can be set aside
http://www.austlii.edu.au/au/legis/cth/consol_act/fla1975114/s90k.html
Have a look at the relevant legislation:
s90g Family Law Act
http://www.austlii.edu.au/au/legis/cth/consol_act/fla1975114/s90g.html
s90k when a BFA can be set aside
http://www.austlii.edu.au/au/legis/cth/consol_act/fla1975114/s90k.html
Ask Terry but I'm sure he mentioned they can claw back either 3 or 7 years of assets that were moved out of a trust.
