NSW My Fiancé Still Undergoing Property Settlement - Binding Property Agreement?

[Charli7]

My fiancés financial settlement with his ex has dragged on.... so much so that we're getting married next month and although we thought we'd have it behind us by now... We won't.

Is there anyway I can prevent my assets - particularly my unit and savings being pulled Into the proceedings? Would a pre nup or binding financial agreement drawn up noting he has no claim to my assets and us keeping separate finances, bank accounts, etc help at all to protect these assets being calculated in my fiancés asset pool or being factored into his property settlement ?

I understand my wage may still factor into the total income of the household.

Thanks for your insights !

 

[Clancy]

Regarding property settlement, It would be so much easier and fairer if the line was drawn where the relationship ended. But no, even after the relationship has ended the black hole of property settlement law keeps on sucking everything in after that point, the door wide open for all manner of weird and wonderful things to happen, it is really quite an amazing thing to behold, so counter intuitive to what a normal person would consider fair and reasonable.... Alice in wonderland, the mad hatter, counter logic, its all there. Do your living arrangements thus far leave you open to being defined as in a defacto relationship? If yes, then you have already been sucked down that wonderland rabbit hole were all kinds of magical things can happen with money/assets. If not, then definitely postpone the wedding!

 

[Rod]

A well written BFA will be recognised by most courts. If you have significant assets then a BFA is probably worth the expense.

Keep in mind that a court is not obliged to follow the BFA if the BFA doesn't take everything into consideration, including the prospect of kids.

 

[Tim W]

A BFA is always a good idea.
Click here for a consumer tip,
in a similar thread

 

[whenwillthisend]

Regarding property settlement, It would be so much easier and fairer if the line was drawn where the relationship ended. But no, even after the relationship has ended the black hole of property settlement law keeps on sucking everything in after that point, the door wide open for all manner of weird and wonderful things to happen, it is really quite an amazing thing to behold, so counter intuitive to what a normal person would consider fair and reasonable.... Alice in wonderland, the mad hatter, counter logic, its all there. Do your living arrangements thus far leave you open to being defined as in a defacto relationship? If yes, then you have already been sucked down that wonderland rabbit hole were all kinds of magical things can happen with money/assets. If not, then definitely postpone the wedding!

So well put , and yes , this has been my experience