BarryHeyns Posted October 20, 2017 Report Share Posted October 20, 2017 Hi I have a funny question, what happens to our marriage contract once we move to Australia? The current one we have was written up in SA according to our laws here, would it be legally allowed in Aus or would we need another one to be prepare according to Aus law? Especially regarding liability etc, if I were to start a business in Aus and didn't want my wife to be liable should anything happen? Quote Link to comment Share on other sites More sharing options...
RYLC Posted October 21, 2017 Report Share Posted October 21, 2017 Your Saffa contract will be unenforceable here. Australian laws will apply. It's basically community of property whether you want to or not. For a business, a company or trust might be your only options to separate yourself (and wife) from liability. An accountant will be able to advise about business structures. 3 Quote Link to comment Share on other sites More sharing options...
BarryHeyns Posted October 23, 2017 Author Report Share Posted October 23, 2017 Thanks RYLC, good to know about the contract. Would be the same as we have in SA. Will get in contact with legal/finance when I am in Australia. Quote Link to comment Share on other sites More sharing options...
RedPanda Posted October 25, 2017 Report Share Posted October 25, 2017 Your best option would be to talk to a legal expert and have them explain the whole thing to you. There are many assumptions we carry with us that don't hold here. Sometimes the courts can decide to overturn a marriage contract or a will, if they feel it's unfair. So you really have to have them spell out to you what your options are and what they will mean in practice in various scenarios. Quote Link to comment Share on other sites More sharing options...
DavidDadic Posted October 27, 2017 Report Share Posted October 27, 2017 As others have already said, a South African ANC is not legally enforceable in Australia largely because of the laws of equity which say that two partners cannot contract out of their moral obligations to each other through marriage. The courts in Australia look at each marriage based on their own subjective circumstances and in line with the defining case law. With regards to your business, it is common practice for a small business owner in Australia to draw up trusts and have their assets protected in this way. Trusts in Australia, unlike South Africa, are very common largely because the avenues and actions available to creditors are far more fierce and swift then they are in South Africa. I would definitely get some advice from a solicitor in Australia in both respects. 1 Quote Link to comment Share on other sites More sharing options...
Riekie Posted October 31, 2017 Report Share Posted October 31, 2017 Another interesting thing is that you have to be separated for a year before you can get divorced... The family court of Australia has a very informative website on all family related matters, including divorce: http://www.familycourt.gov.au/wps/wcm/connect/fcoaweb/family-law-matters/separation-and-divorce/ 1 1 Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.