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I’ve been living with the same person for 5 years.  He wants me to sign a Pre-nup so I don’t take half his house if we separate.  I’m happy to sign the Pre-nup but I have money in a savings account that I don’t want him to know about.  My lawyer has advised me that I need to provide all my bank account details.  So far, I have hidden my savings bank account.  Do I have to provide this information? 

Yes, it’s important to disclose all your assets.  Start by providing all your information to your lawyer but let him/her know that at this stage, you do not want your partner to know about the savings account.  Your lawyer can then look at all the relationship property assets and liabilities and let you know what you would be entitled to under the Relationship Property Act compared to the Pre-nup.

If you will be in a better position by not signing the Pre-nup, your lawyer will let you know.  You can then choose not to sign the Pre-nup and continue to keep your savings account a secret.  Yet, should you separate, you will have to disclose this account. 

If you have significant funds in your savings account, it may be in your best interests to sign a Pre-nup to protect these funds.  However, for the Pre-nup to be binding, you will need to provide bank account statements showing the funds in your savings account.  If you had these savings prior to your relationship and have kept these separate, then the funds will be considered your separate property.  Any contributions to your savings account during your relationship will be considered relationship property and divided equally should your relationship end.

If you sign a Pre-nup and do not disclose your savings account, the Pre-nup may be overturned should your relationship end.  This is because your partner hasn’t been given enough information to be able to make an informed decision before signing the Pre-nup.  Also, his lawyer cannot fully advise him on the effects and implications of the Pre-nup and the wisdom of entering into it, particularly if he would be entitled to 50% of your savings.

If you are in this situation, make sure to let your lawyer know everything.  Your lawyer will be able to advise you on the best way forward.