NSW Pre Nup from a different jurisdiction

[MichaelH]

My spouse and I are separating and have a Pre Nuptial agreement that excludes inheritances from common property but this was drawn up in South Africa, where we married.
I subsequently received an inheritance from my late-Mother’s estate. Since this is now our primary asset, the question is to what extent good faith would play to its validity in a property settlement here (in NSW), and/or whether it might even be better to have a settlement done in South Africa.
According to advice here, a split of between 75/25 and 65/35 would be considered reasonable, but it hinges on the pre-nup. This is a tough one for me. Any comments welcome.

 

[Atticus]

Some questions first

1) Do you have a signed copy of independent legal advice being given (both parties)
2) Were the lawyers that did the BFA licensed to practice in Australia
3) Have you actually separated or just asking how you would stand in the event of a break up

 

[sammy01]

So lets assume (because that is all we can ever do). Your ex applies to Australian court for the pre-nup to be validated in Aussie law.
Ex's case - There is nothing in the pre-nup that states 'unless we move to Australia'.
Your case - It shouldn't apply because we have moved to Australia.

I reckon I like your ex's case better. Solution? Based on this statement "According to advice here, a split of between 75/25 and 65/35 would be considered reasonable, but it hinges on the pre-nup. "
Offer 70/30 and save thousands on solicitors and psychologists. Why psychologists? because this s**t is stressful, if you fight tooth and nail you will die young of a stress related illness, look older than you are because of the stress and spend hours in therapy with a counsellor to help you overcome the grief / trauma / stress.

 

[Atticus]

Also ..
4) Do you have real estate? ... located in Australia or S. Africa?
5) How long ago did you receive the inheritance? .... Money? .... What was it used for?