Family Law Story Series | Love or Money? - Part 1
“I'm marrying you, not your money!”
Emma and Daniel had been together for four years. They were happily engaged and preparing for their wedding in three months.
Daniel was a successful businessman. Before meeting Emma, he had purchased two investment properties and established his own business. Emma worked full-time and had some savings, but her financial position was very different from Daniel's.
A Sensible Precaution or Planning for Divorce?
One Sunday evening, Daniel visited his parents for dinner.
Daniel's Mother: “Daniel, have you spoken to Emma about signing a prenuptial agreement?”
Daniel: “A prenup? Mum, we're getting married, not divorced!”
Daniel's Father: “That's exactly why you should think about it now. You've worked hard for your business and properties. You need to protect what you've built.”
Daniel: “Emma isn't interested in my money.”
Daniel's Mother: “We're not saying she is. But you never know what might happen in the future. It's better to be prepared.”
Daniel wasn't convinced, but eventually agreed to raise the subject. That evening, he spoke to Emma.
Daniel: “Babe, Mum and Dad think we should get a prenup before the wedding.”
Emma stopped scrolling through the wedding venue photos.
Emma: “A what?”
Daniel: “A prenuptial agreement. Just something to say that if we ever separate, I keep my properties and business.”
Emma: “Excuse me?”
Daniel: “It's nothing personal. My parents think it's a sensible precaution.”
Emma: “Nothing personal? Daniel, we're getting married in three months, and your parents are already planning our divorce?”
Daniel: “That's not what they mean!”
Emma: “So they think I'm marrying you for your money?”
Daniel: “Of course not!”
Emma: “Then why do I need to sign something saying I can't have any of it?”
Daniel sighed.
Daniel: “It's just to protect what I owned before we met.”
Emma: “And what if we have children? What if I take time off work to raise our family while you continue growing your business? Does that mean everything is still yours and I get nothing?”
Daniel went quiet. He hadn't thought about that.
Daniel: “I don't know. I thought a prenup was just about keeping our own assets.”
Emma: “Well, I'm not signing anything until I understand what it means for me.”
Seeking Legal Advice: Does Marriage Mean Half of Everything?
The next morning, Emma contacted a family lawyer.
Emma: “My fiancé's parents want me to sign a prenup. They say it's just to protect his pre-marriage assets. But what does that actually mean? If I marry him, do I automatically become entitled to half of everything?”
Lawyer: “Not necessarily. In Australia, marriage doesn't automatically give each spouse ownership of half the other's property.”
Emma: “Then why would we need a prenup?”
Lawyer: “Because the ownership of property during marriage and how property may be divided if the marriage breaks down are different questions.”
Emma frowned.
Emma: “What's the difference?”
Lawyer: “And that's where a Financial Agreement may become relevant.”
To be continued…
📖 NEXT IN PART 2: “Doesn't Marriage Mean We Share Everything?”
Emma discovers what a section 90B Financial Agreement actually does and why property owned before marriage may still be relevant in a future property settlement.