- 2 years ago
- Wedding: December 1969
My friend’s now husband had a significantly higher number of assets than my friend. Firstly he is an only child, secondly his parents purchased many properties in Sydney approximately 5 and they are worth more than $1 million each or close to due to the increase in house prices in Sydney. 2 of the properties his mother purchased using his name to for tax benefits and avoid more tax.
The guy never proposed to her (as in surprise proposal), they did discuss marriage. He mentioned that he wanted her to sign a pre nuptial agreement. She was unhappy about that. She during the course of their relationship also purchased an apartment. She said if she signs pre nup then he will also have to sign as he shouldn’t be entitled to her assets (being her apartment). He was unhappy with that because he said that his assets were not his given that it is his parents money which purchased the houses in his name.
During the period of these discussions, she suddenly fell pregnant before they made any arrangements to marry. They married 7 months after the baby delivered.
She mentioned that the pregnancy is the pre nup. After the delivery of the child, the family never mentioned the prenup again. Do you believe she got pregnant before marriage to trap him? Many of my friends do and I was not of this initial belief however after knowing the story I start to believe this.
In addition, this story got me thinking about my own story. I am myself an only child. I have significantly more assets than my husband when we met. My parents have two properties however they are in their name not mine. Me and my husband purchased an apartment together. I contributed about 80K, he 10K and my parents 120k (with a formal legal agreement for us to pay back). We are joint owners so he has 50% and I have 50% if we split.
I out earn him significantly throughout the period when after we purchased the house. I got paid 22K (after tax) more than him each year (I work two jobs). He has recently also increased his income compared to before, however I earn still at least 17K or so more than him. We will be finished paying off the property next year (after only 4 years of mortgage (not including my parents money).
After hearing my friends story I got concerned and thought in a similar vein to the guy. Since I have paid more into the property and outearned him, what if in the future something happens and we split up. He will get 50% of the property even though he paid much less. I am also concerned whether he could make a claim on my inheritance (if something happens to my parents while we are married).
I never discussed pre nuptial agreement before our marriage as I didnt want to be all unequal and ‘scheming’. However I did hear my husband saying he wouldnt mind signing one if we did marry (just passing remark). He also said I am entitled to everything he has (however he did not have anything when I married him apart from the 10K and some pots and pans and bed spread). He has no inheritance as he is from Ukraine and parents live in one bedroom apartment and 2 younger sisters in 20s who do not work.
Should I think of discussing and getting a post nuptial agreement? Also how binding are they?