- snip. Irrelevant, actually -
long and the short of it: I want a binding financial agreement / pre Nup. The templates seem to be a dime a dozen but to make it binding you both have to be advised by a lawyer. Can anyone recommend lawyers who do this at a reasonable cost / turnaround time?
thanks. I'm based in Perth
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11-01-2016 09:01 #1
Binding financial agreement / prenup
Last edited by NORgirl; 11-01-2016 at 10:22.
11-01-2016 09:14 #2Senior Member
- Join Date
- Mar 2010
I'd talk to your fiancé first before involving a lawyer. That's no way to start a marriage. If things are like that now, I highly doubt that things will change. And finances in a relationship/marriage is not what I'd call a small thing.
11-01-2016 09:35 #3
those financial agreements are very hard to have stand up in court. this very same topic was a source of hot debate on another forum I go on a while ago.
I'm not sure what the answer is. if it were me, I'd be very very concerned the FOB isn't pulling his weight. if he's being slack now, you need to ask yourself, what's he going to be like once bub is born, or a year or 5 years down the track.
don't blame his parents, they're irrelevant and he's more than capable of making his own decisions as to how he behaves. my mum never worked and my dad was left to carry the load (which I felt was a bit unfair given she could've worked, just chose not to). my sisters and I are not like this at all however. it's a decision you make as an adult. so stop giving his parents too much credit!
good luck with it all. as I understand, in practice/reality, a pre nup/financial agreement is very hard to get to stick once/if sh.t hits the fan. I'd be addressing the issues you have now rather than relying on an agreement to get you out of strife later on.
11-01-2016 09:55 #4
My husband has significantly higher income and assets then me and at the suggestion of his family ( I was completely fine with it) spoke with his lawyer about a prenup and was basically told they aren't worth the paper they are written on.
Once kids are involved it becomes complicated and no pre existing agreement will be upheld. We were both happy to go ahead and also accept we each contribute differently to our relationship.
I think in your case you need to discuss this with your fiancé and make sure you are both on the same page.
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11-01-2016 10:03 #5
No offence but ... can we please stick to the question asked?
Can anyone recommend a lawyer please, ideally from their own experience? Thanks.
If you feel like questioning the purpose of prenups / BFAs or getting married with a prenup, perhaps that's worthwhile opening another thread for?
ps: yes we have discussed it, he agrees to sign, we just need lawyers for the advice bit.
11-01-2016 10:15 #6
A prenuptual agreement is just a financial agreement. There's no magic at all to the drafting of them. As for lawyers contact the law society in Perth for a recommendation for a family lawyer and take it from there.
11-01-2016 10:16 #7Senior Member
- Join Date
- Jul 2011
I can recommend a good family lawyer in Perth if you'd like to send me a PM
11-01-2016 10:23 #8
04-12-2016 12:29 #9
There is no such thing as a binding pre-nup in Australia. There are always ways around it.
04-12-2016 12:39 #10Senior Member
- Join Date
- Aug 2014
Wayne Mort in Cannington is very very reasonably priced and very good or Leach Legal are amazing family lawyers. I'm sure they will let you know if they can't draw up something that could be applied legally to finances
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