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I married my husband on April 7 2012 (in Australia) days before the wedding he made me sign a prenup stating the house is his even if we divorce. (It's worth $420.000) It didn't state anything about the money he owns, cars or other money he may have. I am filing for separation on Monday the 4th of Feb 2013 due to mental, emotional and 2 incidents of physical abuse (pushing, grabbing my arm and hitting it against the wall till I bled) that and control issues. I want to know am I entitled to anything from him? I believe I am due to almost a year of abuse and neglect. Where do I stand on this. Thanks
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re: What am I entitled to? I married my husband in Australia
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re: What am I entitled to? I married my husband in Australia
It all depends on what ELSE the prenup said.Originally posted by Summer93 View Post
The reason that most people ask their potential spouse to sign a prenup is to prevent them from benefiting financially if/when a divorce occurs. Chances are that it already addresses what else you get (or DON'T get) should you bring a divorce action against him.
I'm not familiar with any provision of Australian law that allows you to go against what a signed prenup allows/disallows simply because you were subjected to abuse or neglect. And unless you were threatened or coerced into signing the prenup (which it doesn't sound like you were), then whatever that prenup says, GOES."If it ain't in writing, it never happened."
"A lack of planning on your part does not constitute an emergency on my part."
"You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."Comment
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re: What am I entitled to? I married my husband in Australia
I just stated that ALL the pre nup said was the house belonged to him. Nothing about other money or cars or anything. Read the WHOLE question before responding thanks. @sandyclausComment
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re: What am I entitled to? I married my husband in Australia
Getting all snarky is not going to endear you to those here who are willing to help you.Originally posted by Summer93 View Post
That being said, just because you didn't see it doesn't mean there isn't wording in the agreement that addresses other marital assets and debts, including those cars and money in the bank. I find it incredibly difficult to believe that someone would go through the efforts to draft and execute a prenup that ONLY addressed the issue of the marital home, and didn't do anything to protect the other assets that were attained during the marriage. It just doesn't seem logical to me. I'm not saying it isn't there; I'm just saying that it's entirely possible that you missed it in the agreement you signed.
I will tell you that, unless the prenup allows for it, the courts are NOT going to grant you any kind of spousal maintenance payments after having been married for less than a year. And claiming that abuse occurred certainly doesn't automatically entitle you to support or maintenance, either.
I suggest that you take the entire agreement to your attorney (if you don't have one, GET one) and have them review the prenup."If it ain't in writing, it never happened."
"A lack of planning on your part does not constitute an emergency on my part."
"You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."Comment
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Re: What am I entitled to? I married my husband in Australia
Property owned before marriage is separate property and remains so -- unless the new spouse puts money or improvements into it. The prenuptual is superfluous.Originally posted by Summer93 View Post
What a spouse is entitled to is a claim on property acquired after the marriage.
This is a very brief marriage and not likely to have accumulated any appreciable assets.
Ad to claims for injuries inflicted upon you during the marriage, my recommendation is that you seek counsel with a personal injury attorney. Spouses generally cannot testify against one another -- one of the exceptions a criminal act committed by one spouse against the other.Comment
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