Is it legally all mine if my marriage breaksdown?are prenups really legally binding?What is the law in Australia if you have paid off your own home and then find someone and get married .?
Yes sign a prenup - You may get your house back but if you have kids the person who will be living with the children the majority of the time may be entitled to more of your money than otherwiseWhat is the law in Australia if you have paid off your own home and then find someone and get married .?
If it's the ';matrimonial home'; - a house you regularly live together in - then it's different from other property. Even if it was entirely yours before the marriage, your spouse becomes a joint tenant - they legally own part of it.
Prenups are legally binding. Take note, though, that contracts can be overturned if they're found to be unconscionable - the other person has to fully understand and appreciate what they're agreeing to, and they have to do so free of duress. A drastic difference in bargaining power might contribute to unconscionability.
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