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  1. #1
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    Default Pre-nup advice

    I've got an appointment to see a lawyer regarding this, but that's not for 2 weeks so was hoping for some advice. I've been with my partner for over a year, we both have two children from previous relationships and I have 50/50 care. We have discussed moving in together, but I guess there are a few hurdles we need to overcome first. My partner is not in a great financial position, she rents, has a car loan and quite a bit of credit card debt. The house we live in (the girls and I) is almost paid off, the girls have been in it since birth and we are all very attached to the house, one of my main concerns is that if my partner moved in and we broke up at some point that I could end up having to sell the house to obligate a financial settlement. Basically I want to keep the house in the family, my ex and I have an amicable relationship and she would also be upset if the house were sold. There are other financial concerns too, but the main one is the house. I've had a look online and it's pretty confusing, both information on pre-nups and also what my partner would be entitled to if we separated. Any advice would be appreciated

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    Are you for real?

    You posted last week about the seemingly quite significant issues you were having with your partner regarding the consumption of junk food in your house. Now you are projecting forward to when you, it seems, believe you will break up with your partner. And you don't want her to get her hands on your dough.

    Maybe @Sonja can help, but I thought that if you were married or de facto, then it's automatically a 50/50 split. Not sure if pre-nups mean doodle squat in this country.

    Sent from my SM-N910G using The Bub Hub mobile app

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    You can enter into a financial agreement signed in front of lawyers etc
    BUT at the end of the day (in Australia) if a court/judge deems that the agreement is not 'fair and equitable' they will rule against it anyway.

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    DrewS  (24-02-2016)

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    Quote Originally Posted by clb84 View Post
    You can enter into a financial agreement signed in front of lawyers etc
    BUT at the end of the day (in Australia) if a court/judge deems that the agreement is not 'fair and equitable' they will rule against it anyway.
    Ah OK thanks clb84, so a pre-nup is more or less not worth the paper its written on..

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    In your case it may be ok.
    Based on the fact that you're coming into the relationship with assets and she's coming into the relationship with debts.
    Check with a lawyer though.

    I'm going through a financial settlement with my ex h at the moment (court date March 9) where I came into the relationship with asset and him debt but now he's trying it on wanting more from me.
    So whilst I'm not qualified to give you info I'm currently using the legal system.

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    Quote Originally Posted by J37 View Post
    Are you for real?

    You posted last week about the seemingly quite significant issues you were having with your partner regarding the consumption of junk food in your house. Now you are projecting forward to when you, it seems, believe you will break up with your partner. And you don't want her to get her hands on your dough.

    Maybe @Sonja can help, but I thought that if you were married or de facto, then it's automatically a 50/50 split. Not sure if pre-nups mean doodle squat in this country.

    Sent from my SM-N910G using The Bub Hub mobile app
    I thought that initially but thinking about it, maybe he is trying to look at all aspects of their relationship before she moves in, being cautious iykwim?

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    DrewS  (24-02-2016)

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    Keep the appointment with the Solicitor and do the Financial Agreement. It is good to have a "starting point" when you two move in together. Supply all financial information and do a "pre-nup" type document. The main thing would be finances moving forward and what happens with earnings while living together. If the two of you broke up, your assets and her debts will certainly be taken into account for a settlement. She will not automatically get half of your pre-relationship property. Remember to include super into the arrangements. Take all info with you. The Solicitor will be able to give you cases that have been through Court.

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    I'm not a lawyer so this is just a suggestion - if she moves in with you it might be a good idea to have her pay you rent as a housemate/tenant at an agreed rate, I think you can download a rental agreement template to use.

    It sounds to me like you have a lot of doubts about this relationship and about how this woman runs her life. I'd strongly suggest working these things out before living together or you're going to end up in a world of pain.

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    In your shoes I would also be doing my research on this, Drew. I think it's a smart move to make. Not sure on the legalities, however.

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    hi DrewS. I am glad you are thinking of all of these possible hurdles before you enter into a "living with" relationship. I think you are wise to be cautious, and I agree you should speak with a solicitor, or at least a family relationships counsellor, so that you have some idea of what could be in the future. Marie.


 

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