Pre Nups etc....

[reutmark]

I just wondered if I move to Australia with my Australian girlfriend what the law is there on

 

1) If we live together but are not married how long before our assets are considered “joint”

 

2) If we marry are “pre nup” contracts recognised in Australia

I ask as I am going into the relationship with a lot more financial assets and I realise not very romantic but my girlfriend is very happy with some form of contract if things don’t work out after a short space of time so that I am protected from losing most of what I have asset wise.I would like in an ideal world to not think of this but feel one has to be sensible about such matters.

 

Any advice much appreciated?

 

Thanks

[Guest The Pom Queen]

I have moved your thread out of the visa section.

Here is a section that may interest you and also the link where you can read up further.

 

Contrary to what some people would say, you cannot assume that the only time you need to worry about any family law issues is when you and your partner share a residence together on full time basis for at least two years. You could be in a de facto relationship even if you don’t share a home together all the time and even if you have not lived together for two years. Nor does it matter if you are married or in another de facto relationship with someone else. The legislation specifically envisages this particular situation and you can still be subject to a family law claim even if you are married or in multiple de facto relationships.

 

One way to get an idea would be to try asking yourself some basic questions such as:

 

• Do you and your partner share a residence at all, even on a part time basis?
  
• Do you provide financial support to your partner or vice versa?
  
• Do you and your partner have any joint bank accounts or loans or combine your money in any way?
  
• Do you and your partner have children together?
  

 

If you answered yes to any of these questions then you could be in a de facto relationship and it is important you seek further legal advice.

 

http://www.findlaw.com.au/articles/4494/surprise--you-could-be-in-a-de-facto-relationship-.aspx