payout from work....

[jcxr]

Legally no she is not entitled to any financial windfall after their seperation date.

[PH47]

It's not worth getting married anymore with all the risks involved. You never know if a person is going to change, no matter how much you love them and believe you'll be together forever.

[blueoval]

The only winners here are the lawyers!

[brenx]

Originally Posted by blueoval

The only winners here are the lawyers!

rofl yes :(

[F6T]

It doesn't even matter any more if you are married or not. Most states have legislation now to provide the same rights to de facto couples (2 plus years - or less in exceptional circumstances - i.e. like birth of child) as those for married couples.

You're better off with a photo of your hand in your wallet....

[blueoval]

yes the hand doesnt talk back! :P

[charles_wif_xf]

Originally Posted by eXi7w0unD

should have signed a pre nup, how silly is 1 to be not to.. considering these days and half you u lose. lame.

Pre nups have no legal standing in Australia. They are an American institution.

[gozza]

if they haven't filed them then she probly will get money...if it was done and dusted then the woman shouldn't get anything....not that they should anyway....with all due respect

sorry for the lil hijack but it reminded me

a family friend won a substantial amount in keno.....6 months earlier his wife and himself got a divorce and it had all been settled........she caught wind of his winnings and rang up demanding half.......now shes trying to take him to court.........if i was the man id pay for a hitman

[F6T]

Originally Posted by charles_wif_xf

Pre nups have no legal standing in Australia. They are an American institution.

There is actually provision under the Family Law Act and the various state de facto acts that allow two people to enter into a contracutal arrangement that sets out the rules and division of assets upon a breakdown of the relationship/marriage. Unless there are exceptional circumstances, Courts are bound by the terms of these agreements (i.e. they can not make a ruling contrary to what the parties agreed before the split up) unless this would result in a gross injustice to one party. They are not called pre-nups though. They are called relationship agreements in Australia or a co-habitation agreement.

They are not bomb proof, but in a situation where you just have an ordinary couple enter into one and 5 years later they break up without having had children they are pretty much water tight.

[blueoval]

Originally Posted by madxh96

There is actually provision under the Family Law Act and the various state de facto acts that allow two people to enter into a contracutal arrangement that sets out the rules and division of assets upon a breakdown of the relationship/marriage. Unless there are exceptional circumstances, Courts are bound by the terms of these agreements (i.e. they can not make a ruling contrary to what the parties agreed before the split up) unless this would result in a gross injustice to one party. They are not called pre-nups though. They are called relationship agreements in Australia or a co-habitation agreement.

They are not bomb proof, but in a situation where you just have an ordinary couple enter into one and 5 years later they break up without having had children they are pretty much water tight.

Thats why you have a lot that have a relationship but dont move in together. Pretty much having your cake and eating it too. :togo:

[GreenMachine]

Originally Posted by madxh96

There is actually provision under the Family Law Act and the various state de facto acts that allow two people to enter into a contracutal arrangement that sets out the rules and division of assets upon a breakdown of the relationship/marriage. Unless there are exceptional circumstances, Courts are bound by the terms of these agreements (i.e. they can not make a ruling contrary to what the parties agreed before the split up) unless this would result in a gross injustice to one party. They are not called pre-nups though. They are called relationship agreements in Australia or a co-habitation agreement.

They are not bomb proof, but in a situation where you just have an ordinary couple enter into one and 5 years later they break up without having had children they are pretty much water tight.

Exactly what I was going to say.

It beats the hell out of me why people ask for legal advice on a car-related internet site.

[charles_wif_xf]

Very true Green.

[kyro_02]

I wasn't exactly asking for legal advice more-so what people would think the out come could be ... the old man is already speaking with a solicitor.. and he just sent off the divorce papers today, receiver end will get it tomorrow.. anyway......

[Bucket]

No offence Kyro, but your mum sounds like a B *!* tch and your Dad like a loyal husband thats become a victim...i wouldnt be calling her my mum if that was me...I'd divorce HER

[wayne41]

Originally Posted by kyro_02

I wasn't exactly asking for legal advice more-so what people would think the out come could be ... the old man is already speaking with a solicitor.. and he just sent off the divorce papers today, receiver end will get it tomorrow.. anyway......

g-day,there r a lot off variables when ti comes to who gets what what age the dependants are and how many ,who left the family home first ,who is earning how much,place off residence the list goes on,there r no winners the children r the losers,It is sad to see so many failed marriages/rlationship these days,TILL DEATH DO US PART so they say!.I have seen a few people go the same way,had a mate who topped himself over a break up,I think your mum will be entitled to half pending if there not divorced yet and age off children and who's living with who and who is earning what ,I ain't no expert only tellin u what i've seen and heard , all the best mate hope it is not a bitter ending for your mum and dad,hope they can come to a reasonable out come,when there is money involved then and only then u will see the true colours of people.Its a shame,all the best and take care.

[MO]

One thing your Dad should remember....keep his bloody mouth shut...unfortunately as there is no divorce the 12mth time frame for assets still applies....he is screwed!
Sorry champ.