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Prenuptial Agreement and Assets - Future Protection?

Discussion in 'Family Law Forum' started by Confused, 15 August 2014.

  1. Confused

    Confused Member

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    Hello, I got married back in 2012 and we had prenups drawn up to protect our individual properties (prenuptial agreement Australia). My Husband has now decided that he is going to gift his assets over to his children. I am now concerned that since he won't have any assets anymore that if anything should happen like us divorcing, etc that he could legally be entitled to my assets. Is there any paperwork that we can get drawn up to protect my assets?
     
  2. Confused

    Confused Member

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    I get the feeling there isn't anyone on here that is able to help me, I think this is a case of wasting my time :-(......
     
  3. Worldly1

    Worldly1 Well-Known Member

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    Who drew up your prenups in 2012? Have you sought clarification with that person about the clauses in your prenup?
    If he chooses to gift assets that you weren't entitled to/were excluded from under the prenup, then isn't that his prerogative?
    If you received the correct advice and the prenup agreement is valid (complies with the Family Law Act), then your valuable assets covered under the prenup should be protected.
    You might find this article 'In case of heartbreak' interesting reading.
     
  4. Confused

    Confused Member

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    Hi Worldy1....Yes he is entitled to do what he wants to with his assets and I have no problem with that....its just that my lawyer said she is concerned about the whole process now as we will have unequal assets and if anything happens to him loses his job gets ill or we divorce that he will then be entitled to half of everything of mine as he won't have any. I see this as totally unfaior as if this happens it means I have worked for 30 years to give my house to two difference husbands......I was also told at that phone call that prenups aren't full proof.....which makes me wonder why we even spend the thousands to get them done....

    Thats the reason why I am wondering if other paperwork can be drawn up that will hold....
     
  5. Confused

    Confused Member

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    I asked this question on here on Friday hoping to get someone elses advice as after speaking to the Lawyer that drew mine up and she told me they werent that strong here in Adelaide....I lost faith as we asked her prior to having them drawn up this exact question as people were saying they weren't.....to be told no they are....

    I will have to find another lawyer to have this whole process reassessed....
     

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