8 Comments Family & de facto law, financial agreements, consent orders
oh dear... So the pre-nup will hold water, what ever it says will be the law.... Unless you can establish that it wasn't done correctly... That is very unlikely.
Also - it is a short marriage. So each person takes out what they put in.... So what did you have before meeting her? And where is that invested now?
So I'm assuming no kids?
Yep you contributed $250 000 but over 5 yrs that aint much... I'm assuming that is money derived from employment? And any work you did on properties - well you did it voluntarily...
So lets get back to the pre-nup... Like I said, it will be the thing that dictates what happens from here.... So what you could do is make an offer of an amount lets say $80 000 based on the grounds you've mentioned.... IF she agrees to pay it then GREAT IF not you could challenge the pre-nup.. But I can't see how that would work out any better...
Just checking - did you get independent legal advice prior to signing the pre-nup? IF not then I think you'll find the pre-nup isn't legally binding.... BUT even if that is the case I still reckon you're stuck with the whole issue of each person taking out what the put into the relationship because it was a short relationship
Mate cut your losses and move on...
emca01 2016-01-16 07:27:57
The pre nup was signed the day before the wedding it was forced upon me she had her own lawyer and she organised my lawyer her family friend to be completely honest I was in and out in five minutes
And yes your right 250000 over five years is not a great deal but this was simply cash I gave her I also paid for things for the renovations we did on two of her property's then there is the amount of work I did on these
And as I mentioned we built a place on a block of land that she owned prior surely being a new structure that I worked my fingers to the bone on surely this would be classified as something we did during our marriage and shoukd be split accordingly
Then if course there's is the overseas trips I paid for I just can't see how she get not just what she had before me which is fine but how in gods name does she seem to think she gets everything we purchased together and also built together pre nup or not not these latter things are all things done together surely it's split I'm so so worried any advice would be appreciated as regards to what I had before there was nothing of significance just lastly surly u can't sign a prenup under major duress the day before the wedding and the lawyer is there family friend please help
ok - mate this aint good.... You signed a piece of paper that said you got independant legal advice... Hard to go back on that...
SO you came into the relationship with nothing (much) Yep you paid for airfares - holidays etc again your choice, what now you want a refund on the holidays????
U'm did she spend any money on you? pay for anything? OR did she spend nothing on you the whole entire time you were together? Should she get a refund on the money she spent now that you've broken up?
I'd suggest you go see a solicitor and find out if their advice is any different to what you're getting here. Please let me know if you do and I'm wrong...
Now if things are reasonably amicable with her, go and suggest that a one off payment to help you get back on your feet.
BUT you have to understand that while you might have worked your fingers to the bone and in ordinary circumstances you could argue to a small adjustment in your favour based on a portion of the value of the improvements, but even then it would be a small adujustment.... BUT you signed a pre-nup and I bet it doesn't have a clause saying you get paid for working your fingers to the bone OR that you get refunded for holidays you paid for??? True....
Appreciate what ur saying and I'm certainly not in any way saying I am wanting any money back on things such as holidays or spending money on each other I'm simply pointing out that is it right that ones money is taken used to help pay for things that have gone up in value due to works done not to mention the warehouse we built which is not part of the pre nup so how is it right regardless of us being together for five years surely tell me if I'm wrong but if u build something
something that was non existant before you were together surely u split what ever u make on it to me this is not just right but morally surely. This is the case
Sorry I forgot to mention as much as 250000 might be small potatoes in the scale of things but in some parts of the world that's still a fair chunk of money so why am I supposed to ignore the fact I handed that over to help pay for these things
I mean who in there right mind would hand that over and think oh I've just given my multi millionaire wife a gift I mean surely
Sorry I'm really stressed out and worried I pride myself on having high morals and doing what's right this is to me just so wrong thank you for ur advice I think I shoukd go and see a lawyer
I'm gonna be blunt - forget moralising.... There is no fair or justice in family law...
BUT you said the pre-nup didn't mention the warehouse? Well then you might have an angle and you should expect to take the $250 000 back if it was money you invested in joint assets. (maybe)
So the nitty gritty of the pre-nup is gonna be what matters.
As far as who in their right mind would hand that over and think oh I've just given my multi millionaire wife a gift I mean surely... Well the answer is YOU...
Who in their right mind would sign a pre-nup without getting independent legal advice? Again the answer is YOU....
So while I get you're stressed. You're gonna have to start working and thinking clearly...
So read the pre-nup. Look for what it says about assets accumulated during the relationship. Obviously, the pre-nup was to protect what she brought into the relationship but it should say something about what happens to assets accumulated DURING the relationship???
Look the other thing a solicitor can help you with is that IF the pre-nup is manifestly unfair, then a court could dis-regard it. But again a solicitor will help more than a lay-person on the net...
TouchÃ© my friend I
Must say your last message made me laugh
I believe it's called tough love but your right so I do appreciate ur comments in my defence and yes it may well be a lame defense for me handing over money but I genuinely thought that's just how it was that whatever things go up while together just for that period u would split that but I will take your advice and see a lawyer and see what he thinks end of the day I'm not put to screw my ex partner over I know what she had before me and frankly the lowlife scumbags that do that ie Paul mcartneys ex truly make me sick end of the day if I can get a fair share of what we built and achieved during our time together I'll be happy but cheers mate i be in to see a lawyer this week and yeah I'll post the results cheers again
She held a gun to your head while you signed? No. You didn't know what you were signing? Actually when the love is gone you only have the money and so .... Why didn't you tell her where to go on the wedding day?
Okay, some more practical questions. What is she worth? Are you on Centerlink? No kids I assume.
Frankly I'd go to a lawyer with your pre nap, be honest about everything, see what they think. If they think you have a good case for something, see if they will do 'no win, no fee'. In other words, they take a cut of anything you might take from a settlement.
She clearly had the money to fund a legal battle, but if you have a case she may settle. I agree you ought to get something from your efforts, but depends on the exact wording of your prenup.