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VIC Will a Prenup Agreement Protect My Property in the Future?

Discussion in 'Family Law Forum' started by Bride to be, 9 November 2014.

  1. Bride to be

    Bride to be Member

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    Hi. I will be getting married next year and have a property in my name that I bought before I met my partner.
    Will a prenuptial agreement properly protect me so that the property remains mine if my soon-to-be husband and I ever divorce and I won't have to go to court?

    Thanks.
     
  2. Sarah J

    Sarah J Well-Known Member

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    A well-written prenup with clear intentions of the parties will protect you, yes. A prenup is a willingness and intention by two parties to agree on division of property existing pre-marriage. This will be taken into account by the court in the event of divorce or separation.
     
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  3. Sophea

    Sophea Well-Known Member

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    Yes if you have come to some sort of agreement about what should happen if you split, its important to get it in writing, legally. By having a prenup, you can make sure that your assets and liabilities will be apportioned according to your wishes as prescribed in the prenup and prevents the court from being involved. Make sure you see a solicitor to draft it for you as a prenup must comply with strict legal requirements and you will need to have a certificate from a lawyer that says you have received proper advice. If the agreement is not done properly it may not be legal and may not hold up in court.
    A prenup suitable for a situation like this where you are bringing property into a relationship that you want to be able to take out with you as well. It can also provide for a number of other situations which you should speak to your lawyer about. If you are getting one drawn up you might as well make the most of it.
     
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  4. Tim W

    Tim W Lawyer

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    I agree with the posts above.
    The main provisions in play here are those of Part VIIIA of the Family Law Act.

    Consumer Tip:
    There are many <ahem> folks on the internet who offer to prepare these agreements.
    They are not all lawyers.
    I suggest strongly that this work best done by a lawyer who works in the area of Family Law,
    as unromantic and distasteful as they may feel.
     
    Bride to be likes this.

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