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  1. #11
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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.


    This was my understanding of the matter also.

  2. #12
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    Quote Originally Posted by DrewS View Post
    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
    Have you thought about transferring the house to a family trust? Just a suggestion. You will have to pay stamp duty on the transfer but it is a sure fire way to safeguard your asset.

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  4. #13
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    I dont think a prenup is worth much in Australia particulary where children are involved.

    My initial thought when reading the op was a family trust as mentioned above.

    Get legal advice and fid out if a family trust or any other options would protect a family home etc for your biolocical children should step children and a new partner come into the mix

  5. #14
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    Cool, thanks for the replies


 

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