I'm on a bit of a roll here with my pending divorce.
Once you get over the emotional trauma of a seperation or divorce, it's time to make sure that your assets are protected, regardless of how amicable the split up.
In Australia, living together for 12 months gives the partners the same legal rights as a married couple. I don't know about other countries. This means that, at some stage, there will be a division of property. It would be very foolish for either party to believe the other person's declarations of goodwill, as they could change their mind at any time or be influenced by another party.
So, protect your assets!
Prenuptual ageements are rare and are easily challenged as are written agreements made after the split up. I took some very good legal sdvice and transferred all assets accrued prior to my marriage into a Discretionary Trust, of which I'm the trustee. That means I, and only I, can disperse the Trust's assets and that's at my discretion. The courts would have a very hard time making an order against the Trust as any dispersal of assets require the approval of the trustee, which he/she is not compelled to give.
So, protect your assets!
I have told my, soon to be, ex that she is entitled to 50% of any assets that we have gained, since our marriage and I have no problem with that. She also knows that she has a snowball's chance in hell of touching anything I accrued prior to our relationship. Hard? Maybe. Fair? Definately.
This is something that anyone in a relationship should consider, regardless of the current state of their relationship. I'm certainly not being bitter, just practical,
Just my two yen's worth.

Reply With Quote
