what happens to PMs in a divorce?

Discussion in 'General Precious Metals Discussion' started by ego2spare, Nov 4, 2014.

  1. GF

    GF Well-Known Member Silver Stacker

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    You don't need to be married to lose half your stack, all you need to do is live together for a period of time ie. De Facto. You can get a "binding financial agreement", from a Family Law Solicitor...kind of like a pre-nup for the non married years and a pre-nup for later. This will require disclosure of assets. You should consider a Will as well.
     
  2. DanielM

    DanielM Active Member Silver Stacker

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    So if no one know about it and you have an accident? Then what's the good of it? I don't know about you but what ever I do I do for me, my wife and kid we are planning, she knows I stack, she doesn't know what's there but she knows how to access the majority of it and who to contact to help dispose of it and I couldn't really care about the little throw around pieces I keep on hand and use as play things or card protectors. But in the end of the day even if you are thinking of it as a business trust is a big key to business. But in the end of the day if you want to keep it for yourself I recommend a sdb, and just tell her there's some important documents there or something atleast it won't go up in smoke if something is to happen to you. And just a side note, if you plan on buying a house paying down debt is usually priority number one, selling part of your stack and putting it on the mortgage may benefit you more in the long run even if you have to split it than to have your stack sitting there for 10 years, that's why I only allocate a very small portion for stacking while I still have a mortgage
     
  3. CFP

    CFP New Member

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    This is what happens in a divorce.

    Her lawyer: "We understand that you have precious metals and she wants half of them."

    You: "Prove it."

    Her lawyer: "You have photos of it on your hard drive, you post in a few forums, we can make this get incredibly messy if you don't want to be upfront with us."

    you- "Well I did have precious metals, yes but a couple months ago I was transporting them by boat from where I buried them and the dog flipped it over. They're now on the bottom of the river floor. I didn't say anything because
    I didn't want her to release the kracken and endure her wrath. I am sure you can understand considering our current predicament."
     
  4. JulieW

    JulieW Well-Known Member Silver Stacker

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    If you're planning to hide money from your future wife why bother getting married? Just shack up at the weekends and get a good night's sleep during the work week and stack all you want in private.

    Love Honour and obey is what it says.

    (and there's nothing wrong with that!)
     
  5. SilverDJ

    SilverDJ Well-Known Member

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    Yes, very sound advice.
    However much money you think you might possibly make by stacking (if things go right, not guaranteed), it will very likely be dwarfed by the (guaranteed) compounded money you can save in a mortgage.
     
  6. Newtosilver

    Newtosilver Well-Known Member Silver Stacker

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    She gets a lawyer to take it to court, judge believes you are hiding assets he grants a search warrant and you have 6 coppers with a cash sniffer dog searching your house and yard oh and let's not forget the car. They may search for safety deposit boxes and can get freezes put on them so the bank will not let you access it. If they find stuff guess what happens? She will get it.
    Before you get married she would probably say she would never take anything that is yours because she loves you etc, as she walkes out the door she will most likely say she deserves it :)
    If you have assets be careful.

    Edit: If you have kids and she has no "earning capacity" and you do you may loose 70% - 75% of everything including your super.
     
  7. ego2spare

    ego2spare Well-Known Member

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    :eek: this marrige thing sounds terrible... of she gets on her knee and asks me i might say no. (im a old traditional guy like that lol)

    i really like spanners 2 stacks idea. she knows kinda, because she came on a small f2f buy with me.
     
  8. Nabullion Dynamite

    Nabullion Dynamite Active Member

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    Yup, for some reason the thought of marrage seems less appealing after reading this thread. I'm 25 and all the woman in my agegroup have nothing to thier name exept perhaps college dept. I think I will keep my stacking and other things a close kept secret until I'm certain I want to marry. I think it all comes down to making CERTAIN this is a person you want to be with.

    So reading about the round 50s, if I was to exchange my whole stack into silver quarters would that be a viable loophole in the states if the need ever arrised?
     
  9. dozerz

    dozerz Well-Known Member Silver Stacker

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    i remember the lot accidentally being knocked over the side when kevo reached for his stubby on the last fishing trip :)
     
  10. boston

    boston Well-Known Member Silver Stacker

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    Plenty vs Dillon High Court ruling 1991 HCA 5. They can't come onto your property, even with a search warrant, if you refuse.

    It's a short, good read. :)
     
  11. Ghost Story

    Ghost Story Active Member

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    plenty of porn on the net who needs a woman :lol:
     
  12. CFP

    CFP New Member

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    :lol: :lol: :lol: :lol: :lol: :lol:

    This is hilarious and while theoretically this "may" happen, my experience is a young police constable will be sitting behind the desk drinking his coffee before saying, "well there really isn't a lot we can do about this because it is a civil matter."
     
  13. CFP

    CFP New Member

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    Reminds me of when I was a younger fella and I was engaged (was with her for years) to my high school sweetheart and she ripped my heart out of my chest. I will save you the details but it was a very, very bad break up. Anyway I ended up "dating" this "dancer" on the rebound to get over it and one night about 4 months after meeting her she proposed to me in front of all my mates.

    The reaction may or may not have resembled this:

    [​IMG]
     
  14. JulieW

    JulieW Well-Known Member Silver Stacker

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    You're a funny guy.
     
  15. Torcan

    Torcan New Member Silver Stacker

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    and it is probably close to the same in Australia


    Divorce in Canada: General Overview on Property Division

    In the eyes of the law a marriage is an equal partnership. So, whether a spouse is responsible for running the household or earning family income, their contribution to the relationship is equally important. When a marriage ends, the partnership is over and property has to be divided. The general rule for this division is:

    "The value of any property that you acquired during your marriage and that you still have when you separate, must be divided equally between spouses. Property that was brought into your marriage is yours to keep, but any increases in the value of this property during the duration of marriage must be shared."

    seems fair
     
  16. CFP

    CFP New Member

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    Thank you Julie, I'm here all week.
     
  17. DSK

    DSK Active Member Silver Stacker

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    you just say you had a boating accident,,,...damm no more bullion..wink wink
     
  18. Newtosilver

    Newtosilver Well-Known Member Silver Stacker

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    Does not happen a lot but search warrants do get issued if they think there is something being hidden, the "case" I know of they did not search the roof which I put down to lazy ness on the part of the police. The young policeman has no say in it, the judge in the family court is the one who either grants it or refuses to issue it.

    They will also freeze bank accounts, not easy for the lawyer to get but I have seen an application to freeze "the husband's" bank account very recently (not sure of the background of the case but I think he was being less than helpful)

    There is some crazy stuff that happens in the family court, go and sit in the court when they have cases on before you get married, it will open your eyes. I know of one fella who lost 74% of everything and another who lost 70%. The fella who lost 70% also got a $500 fine for contempt for commenting on the judgement, he also ended up with a big legal bill.
     
  19. CFP

    CFP New Member

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    Yeah I have had some mates get burnt pretty hard core, one had a great career, very well paying. He was losing so much money out of his pay packet that he quit and went and did something a lot easier/ with a lot less responsibility. The system can be a joke, $500 fine for expressing your opinion?
    I'd like to say there must be more to it but I am not surprised. I guess the moral of the story is protect yourself, trust is earnt with time. It is very easy for people to say, "trust them and don't hold anything back" but at the end of the day are these people going to compensate you if it goes wrong? Look after your family and your loved ones but you can't help anyone else if you don't also look out for numero uno.
     
  20. Nabullion Dynamite

    Nabullion Dynamite Active Member

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    If things keep going the way they are you may not have to worry about the Pms, wont be worth anything =P
     

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