I need a pre-nup lawyer. Things are a bit tight with finances right now - new house, wedding, honeymoon, etc to pay for
does anyone know of a good solicitor who doesn't charge an arm or a leg who can explain things to me and protect my interests? Look forward to hearing the replys!
Thanks in advance
Good question. Sydney
In hell, trading his freedom.
Good to hear you're still alive. Some here thought you were locked up or dead! https://www.ozbargain.com.au/node/153175
Thanks for the well wishes :)
Still alive and kicking - just a bit stressed these days is all with everything happening
Hi freedomtrader…good to see you are still in one piece (maybe contemplating all that has been given in advice over in your last thread…hopefully).If you are still concerned or stressed over all this,as was suggested in the other post…THINK HARD.I am sure you have,but has the idea of either a longer engagement OR a bit of a hiatus from the whole thing been considered ? Hope you find peace with whatever you decide.
Could new OZB member Angela1204 who recently joined and has posted a single comment (the last on the other thread) be your fiancee?? The most "marry her and do the prenup" comment I have seen in the entire 4 pages of comments and advice.
https://www.ozbargain.com.au/node/153175?page=3#comment-2181…
If that is her, she sounds scary.
oh wow…. yea looks suspiciously like it…. OP i know its been said before… but run. get out of there as fast as you can. if not just remember that in 5 or 10 years time when you are getting a divorce i told you so
I couldn't imagine getting hung up on pre-nup stuff before we got married. Til death do us part remember?
meh, i think they should legislate a compulsory basic pre nup, that can be waived.
The higher earner/asset owner is protected and doesnt have to go through the awkwardness of a the discussion
of all the things you give to your partner in a marriage…. you put financial things above that? its no wonder theres such a massive divorce rate these days…..
they should do the opposite and outlaw prenups…. that way when you go into a marriage rather than worrying about only money you only put your concern into your partner and the no doubt kids you are bringing into the world…
I think I disagree (partially). While the thought of worrying about protecting ones own assets while entering a marriage sounds ethically backwards and seemingly goes against the "true meaning" of getting married… realistically, I think it's quite warranted these days.
Not that I'd impose a prenup on my partner if those were my circumstances - and I'd probably be offended if my partner asked me to sign one too. Idealistically prenups shouldn't exist because marriage and love should be forever, blah blah blah. Trust me, I'm a romantic and would do anything for that to be true, but how often is it really forever? The divorce rates are the way they are… eradicating prenups isn't going to change that. Marriages break up for so many reasons - personality mismatches, relationship/family stress, different values, life events, cheating, or just a simple case of people growing apart (every human is fluid - we aren't static personalities that will never change.. people change in different ways, and couples don't always change in ways that flow together).
So yeah. I think it's probably naive to be shocked or frown upon other people for considering the material side of things when getting married. Life isn't all sunshine and rainbows and happily ever after. For most people, it probably is wise to factor in the ugly, practical side like finances and assets. What you feel with such certainty now, does not always last forever. We all know this already. Think about every relationship you've ever been in in your life. Some felt like they were it. But turns out they weren't. A marriage certificate and verbal promise doesn't change that reality and probability. As unfortunate and sad as that is to acknowledge.
Umm pre nups are the results of divorce rates
That would be fine if all marriages were forever…
That would be fine if divorce rulings were equal.
That's all very well to say that pre-nups should be outlawed, but when you've been taken to the cleaners (Yes, I'm the woman here and got shafted.) it opens your eyes.
Unfortunately there are gold diggers out there - men and women alike. If you really love someone you should have no objection to signing one.
As I replied to the OP's original post - if I were to meet anyone in the future and they held substantially more assets than me, I would absolutely insist on having them prepare a pre-nup for me to sign.
I'm not in the position where I want to have children etc., so a pre-nup is going work better under those circumstances.
It's not about worrying about money. It's about protecting your own financial interests.
And frankly, if you came into a relationship with 3 houses, a Yacht, a Mercedes and a $$$$ worth of shares - you should have every right to take it back if your unlucky enough to have the relationship fail. If you didn't work for it - why should you get to obtain a benefit by grabbing half of it. (And that, is where the changes should be made to the law!) I call it theft by stealth!
I think we should leave advices out from this post. OP has clearly made his decision. However, if you still like to post advises and discussion, I suggest go this other post - https://www.ozbargain.com.au/node/153175
I'm a lawyer. Don't do pre-nups, but I have some idea of what is involved. You can budget on at LEAST $1500 and each of you need a separate lawyer.
what do you think of the law firms offering these remotely? they charge $1300 + GST for the document including independent advice for both parties
http://www.bindingfinancialagreement.com.au/lp/?gclid=Cj0KEQ…
Not sure about a law firm run by someone describing himself as a legalpreneur!
Although Solicitors do not have great reputations, one thing that I have always found them good at is initial phone conversations. They will give free initial discussion and limited advice over the phone. And so I would recommend that you find a couple and ring and chat. I think that those that specialise in prenups also specialise in divorce. They get paid 'coming and going' :o) but that also gives them expertise in the result/effect of prenups. Over the phone you will get a 'feel' of who you are dealing with and who you are comfortable with, and it will help you in your thoughts and decisions. Good luck!
The BEST prenup in the world, done by the BEST layer ever isn't worth the bit of paper its written on and i paid for that advice from a lawyer who in one breath said they would write an ION CLAD one and then told me how to make it VOID just as easily.
If you have assets and income you want protected see an accountant and organise a TRUST, thats 100% certain to stand up and limit your downside from a relationship gone bad. Thats my ACCOUNTANTS advice and the second lawyer i paid agreed.
Too many people in OZ watch too much TV from the USA in my opinion… Our laws are very different
A prenup is CONTRACT LAW, where its PERFORMANCE FOR CONSIDERATION, with penalties and payment - you might as well say your a hooker wanting a relationship with another hooker from a legal stand point and as our divorce is NO FAULT you can't put in MORAL considerations and penalties (well you can but that bust a prenup instantly but only upon execution)
The courts can set aside a prenup, change execution or even use it against the party who benefits most (just have deep pockets & a competent lawyer; thats why they call it practicing law) BUT a properly structured TRUST has been used for centuries to protect, convey and distribute wealth in LAW and has a HUGE amount of PRECEDENT in COMMON LAW.
And don't think marrying a non english speaking person who never had a formal education will help, 10min with any first year law student with a translator and your screwed! A prenup is 100% awesome until EXECUTION, so for what its worth if the idea appeals to you as a baseline (which is how courts treat them) then go the auto web route above and think of it as INTENT more than IRON CLAD if you ever need to execute it. You should think of them more like WILLS and not as a CONTRACT as they can be amended and updated as circumstances change, just like a WILL. And yes you need to use 2 different lawyers and she must have a lawyer too for independent advice to even be considered in court FYI…
I think your best to talk to a lawyer after your accountant and after looking at what assests your trying to protect. I think your wise to do both, a prenup is worth having and your not a bad person who want it, but combine it with a WILL too at the same time as death is 100% certain, divorce only 50%!
This is my opinion, they are like armpits and i have 2 of them
Where are you?