De Facto - Prenup or Put Property in a Trust Fund?

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9 July 2014
Hi, I'm about to enter into a de facto relationship with a guy who has 2 kids, aged 12 & 15, to a previous partner and no property in his name. I have 2 kids (4&6) also from a previous relationship. I have 2 properties. I will be moving into his mum's home in the country to be together closer to his work. We are planning to get married and have a child. I don't like to think the worst but want to be prepared because I want my kids to have my property.

What happens if we split? Will he get half of my assets in a property settlement? Should we do a prenuptial or binding financial agreement? Also worried if that's setting us on a negative path and cause problems? Also, if I die and have a will - will my kids get the house or can he interfere with the will? Should I do a trust fund for them?
Hope someone can help me.

Michael T

Well-Known Member
9 April 2014
Hi Sue,
Have a look at this LawAnswers Family Law Forum post "Financial Access after Separation" that has some information on your de facto and property settlement topic. It would be worthwhile getting personalised legal advice in relation to your will and structuring your estate so that your exact wishes can be followed.
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