Showing comments 1 through 28 out of 28 comments

I actually heard them talking to a lawyer on talkback the other day about prenuptial agreements,seems they aren't as cut and dried as to protecting your assets as you think they would be,all the other party has to do is claim they signed it under duress and it renders the prenuptial agreement null and void

It was over 2 hundred k that he had to pay

I wonder if having a lawyer present at the time it was signed would help with that? My biggest fear of getting into another relationship is that they will try take half my house if it lasts long enough

Yeah thats definitely something I worry about with currently looking to buy a place out of auckland,my ex tried to claim a payout based on perceived value of my cars when we split so I went and saw a lawyer who told me that as I've owned them since before I met her she has no legal claim on them

It should be the same when it comes to property. If you own the house before you met them they should have no claim towards it

No you are not entitled to the house. Anything accumulated during the relationship you can contest. Anything prior to the relationship you don't get.

I guess it's 'welcome to the lottery' with a relationship these days, and peoples 'sense of entitlement'. I've watched three wills now turn into a legal sh*tfight, so would not expect any less with a relationship split. There was even that case under the last relationship law where a woman claimed part of an estate as they had been FWB for a period of time.. she stayed over, he stayed over, therefore it was a relationship.
the safest? thing to do is have assets in a trust? but that's not iron clad either. Or, only enter into a relationship with someone in a similar financial standing to yourself.

100 per cent wrong.

Care to elaborate?

Go and do something me reading

It is not difficult to find the perfect information

You're a good man if you let her keep the house because it was hers first. I've heard horror stories about nightmare divorces involving houses or money, the worst ones being about pets. If you two decided to keep what is rightfully each other and come to an agreement on what each other should take (Like say if I was a full-time worker and my partner stayed at home, I'd probably say the money is mine but they can have 1/4-1/3 of what I earned, yknow?).

I hope you get through it alright my guy.

Me and my ex fiance split 2 1/2 yrs ago. I'm more worried about getting into another relationship now that I own my own house. I'm going to ring lawyer and see how I can protect it from any future partners

Ya can't just say he's "100 per cent wrong" then zip up. Sounds like you don't really know what's correct and what isn't.

Explaining common knowledge stuff like this is like explaining what the colour blue is.

There is this amazing thing called google.

But for the retards out there https://www.lawsociety.org.nz has some me good information .

The law that covers this is the Property (Relationships) Act.

But hey what the hell would I know

Ooooookaaayyyy....

lol,indeed, thats g...o...o....g.....l....e

Not 100%. There's a term in PR Act called Seperate Property. The definition of Seperate Property includes a previously owned home brought into the relationship.
There are some exclusions to the Separate Property clause such as where the non property owner does work to increase the homes value and this is very broad. Or if each partner brings a home to the relationship and one is sold.
Seperate property also includes inheritances and gifts brought into the relationship.

I wouldn't advise taking advice from Google as some have suggested.

Well said and nicely reasoned with facts instead of arrogant sarcasm. Thanks!

Yes you are correct, but the overwhelming advice and any Lawyer will back this up, is do not rely on the provisions of the Separate Property Clause. If you think you want a property excluded get it written in a pre nuptial rather than leaving it to the vagaries of the court system.

Even with a pre nuptial it could be subject to challenge (as is the case with wills)

Yes a well reasoned argument getting into the finer details. But my comment still remains, it is more sensible for any person to find some information themselves and seek clarification of their understanding than just merely relying on what someone may say on some random chat.

You can't back up your personal statement by trying to claim "Any lawyer will back this up". That statement is just wrong, unfounded and devoid of any research or study to back it up.
So you are trying to say my statement was correct but wrong.
Stop pretending.

Saying nothing of the sort. Perhaps I should have said any good lawyer.

But hey, if your advice to anyone who owns a house and gets into a relationship they may not be sure about is to just leave it to the Seperate Property Clause ? Or should they try and shore things up a bit more

I really have no idea what it is your trying to say. You seem to go in circles digging a bigger hole for yourself.
I didn't come here to argue with a stranger. I merely wanted to correct your "100% wrong" statement which was incorrect and very misleading. I also chose to explain a situation that you didn't appear to be able to.
That being done I will now remove myself from this conversation.
Good night