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freeD 发表于 2020-3-5 22:44 
婚前协议，怎么才有效？听说这里婚前协议写和不写，最后都是一起分掉？ ...
Protecting your property
It’s possible, however, to come to an agreement about what will happen to your assets if you split up, whether you get married or not. There are two main ways to make an agreement.
Option 1: Quarantine
The first option is to come to an agreement that any property brought into the relationship won’t form part of the property for distribution if the two parties decide to separate. For example, you could agree that your investment property, and any inheritance you receive, will be yours and yours alone. Any assets that you acquire together in the course of your relationship can be divided in accordance with the usual principles that will apply to the circumstances that exist at the time of separation. The property that you bring into the relationship will thereby be ‘quarantined’ from division.
The problem with this arrangement is that it doesn’t necessarily protect your interests very well. The courts may not make orders in relation to the property that’s been quarantined, but it may choose to give more of the jointly acquired assets to your former partner, because you have the investment property or inheritance.
Option 2: Comprehensive agreement
The other agreement option determines how all of your property will be divided on separation, whether you own it now or will acquire it in the future.
Such an agreement is certainly preferable in terms of making comprehensive arrangements in the event of a relationship breakdown.
It can be very difficult to predict what your circumstances may be in the future. An agreement which may look fair if there are no children – for example that each party keeps whatever they brought into the relationship, and the rest is divided equally – may look unfair if a child is born to the relationship and one of you is the primary carer of that child.
It’s also hard to anticipate future events. For example, what if you become disabled and can’t work, and your partner has to take over the payment of the mortgage on your investment property? An agreement saying that the property will always remain entirely yours may seem fair at the time, but can become unfair as a result of this change in circumstances.
Benefits and pitfalls of agreements
The problem with making agreements about how you’ll divide property in the event of separation in 10, 20 or 30 years is that an agreement can be a double-edged sword.
Although an agreement can protect your assets, it can also be the cause of self-inflicted injury if you’re the one who would end up being disadvantaged, in light of subsequent events or change of circumstances.
The great advantage of having such an agreement, however, is that it provides some certainty in the event of a relationship breakdown. Yet, as mentioned before, nothing can be assured, since the courts have the power to set aside agreements in certain circumstances.
Nonetheless, a fair, properly drafted agreement which fulfils all of the requirements of the legislation should withstand scrutiny in later years, as long as there are no exceptional circumstances which would make it subsequently unfair, and there are no changes to the law that affect the agreement.
However, such agreements require full disclosure of all assets of both parties, and are most effective if they take into account all of the foreseeable circumstances that could arise in the future. Therefore the drafting of a comprehensive agreement can be time consuming and expensive.
Drawing up an agreement
If you wish to have an agreement drawn up about what will happen to your property if your relationship breaks down, you’ll need to see a family lawyer.
The other party to the relationship will also need to receive independent legal advice.
Of course, this situation may seem rather unromantic – presenting your beloved with a prenuptial agreement alongside the engagement ring may cast something of a damper on the celebrations.
It’s therefore important to consider the impact an agreement might have on your relationship.
If you’re planning a marriage, the golden rule is that such an agreement should be signed and sealed before the wedding invitations go out, otherwise your partner may feel under unfair pressure to sign it.
In the event that the agreement specifies that property which is brought into the relationship should belong only to that person, it’s important to try to maintain separate finances in relation to that property throughout the relationship.
If, for example, you own an investment property, then the mortgage should be paid out of a bank account in your name, rather than out of a joint bank account. This will help avoid complications in the future.
You should also think about the legal title to property for inheritance purposes. If you have a joint tenancy, your partner will receive it all if you die first. However, if you have a tenancy in common, then each of you will be able to leave your half by will.
Final considerations
In certain situations, a carefully constructed trust could provide you with protection, as long as you’re prepared to give up all the rights of ownership and control over the assets, and you have trustees who’ll be completely independent from you.
In other situations, placing the property in the hands of a relative or friend may help protect your assets in the event of a relationship breakdown.
Trying to negotiate a legal agreement that will meet both parties’ needs can be a daunting and emotional experience.
But regardless of how simple or complicated the division of your assets may appear to be, it’s important that each couple has access to independent and unbiased legal advice.
If you’re unsure of who to contact in such a situation, the various law societies in each state and territory should be able to recommend a solicitor to suit your specific needs and requirements.
Justin Dowd is a Law Society councillor and family law accredited specialist. For further information, visit www.lawsociety.com.au |
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走街串巷 * 墙上的艺术（更新） (2014-4-25) 澳洲火烧 
楼主:nickzhu0977
发表于 2020-3-3 07:14
