Pre-nups

Discussion in 'Legal Issues' started by Property Twins, 27th Jul, 2015.

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  1. Piston_Broke

    Piston_Broke Well-Known Member

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    A successful man should not get married these days unless a woman can bring more than him to the relationship.
    If he does, prenups are also a must, forget all this sentimental garbage.
    Women have ended ~70% of marriages and will be right unless proven wrong when they decide to end it.

    Prenups will not be 100% secure though, so provision must be still made before any relationship to protect wealth.

    Having a disc trust early on can probably also help, care must be taken as to never mingle it in any way with household income/finances and kept totally independent at all times, forever.
    Also the beneficiaries should include kids and grand kids so they can never be looked as "excluded".
    Of course this is a job for lawyers who are experienced in such matters.
    I find it laughable that people still think courts are unbiased, I doubt they experience in such matters or lawyer friends who deal with family courts.
     
  2. lightbulbmoment

    lightbulbmoment Well-Known Member

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    Nup cant deal anymore putting my house in my mums name lol
     
  3. Rixter

    Rixter Well-Known Member

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    It's called risk minimisation. :)
     
  4. Piston_Broke

    Piston_Broke Well-Known Member

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    What if you outlive her?
    Then it becomes inheritance to be shared.
     
  5. lightbulbmoment

    lightbulbmoment Well-Known Member

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    It was a jk brah
     
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  6. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    Hope she can qualify for the loans. It is a good strategy if she can - and it won't effect her pension.
     
  7. lightbulbmoment

    lightbulbmoment Well-Known Member

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    Ill pay the loans just in her name
     
  8. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    Hopefully mum will leave asses to the trustee of a discretionary testamentary trust which will provide some level of asset protection against spouses.
     
  9. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    You realise that the family law act allows orders against mum in this case so you have to let her pay.
     
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  10. lightbulbmoment

    lightbulbmoment Well-Known Member

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    Plenty of ways around it
     
  11. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    With careful planning there are ways to reduce the risk of a court making orders.
     
  12. lightbulbmoment

    lightbulbmoment Well-Known Member

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    Its a jk I would never do this.
     
  13. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    Why not - it is a strategy worth considering.
     
  14. Azazel

    Azazel Well-Known Member

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    I don't think your post received the attention that it should have ;)
     
  15. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    I personally would never do a BFA.
     
  16. jaybean

    jaybean Well-Known Member

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    What about bare trusts?

    I purchased my last property with my mum and because of her employment situation I put it all under my name and will be setting up a bare trust to prove she has a share. Will her share always be safe?

    And to build on this, isn't it an easy way to "sell" shares without incurring CGT? E.g. If my brother wanted to buy 20% of my share we just add him to the trust? I could see many ways this could be abused.
     
  17. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    It would generally be treated as mum's asset.

    Did your lender know about arrangement? If not there may be evidentary issues if a family law matter were to arise.
     
  18. jaybean

    jaybean Well-Known Member

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    Nope we haven't even organized it yet. But I don't think evidence will be an issue since she's depositing exactly her share of the repayments into my account each month. And we maintain a detailed spreadsheet, and I send her a home made statement as well just to give her that warm fuzzy feeling:)
     
  19. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    If you havent told the lender then either a trust relationship doesnt exist or you are likely in breach of the mortgage agreement.
     
  20. jaybean

    jaybean Well-Known Member

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    The banks might not like it but it would be legal right? Problem is she wouldn't haven't qualified for her share of the loan to begin with hence turning to a bare trust as our only option.