Can we create prenup or marriage contract after marriage and after sponsorship application?

[irafikov]

Hi Forum,

Me and my wife want to create a prenup or a marriage contract. As we are very busy with wedding and collecting documents for immigration, we are thinking to create and sign a prenup or a marriage contract after we married.

Can we create prenup or marriage contract after marriage and after we submitted sponsorship application?

Please let us know.

Thank you!

 

[zardoz]

Hi Forum,

Me and my wife want to create a prenup or a marriage contract. As we are very busy with wedding and collecting documents for immigration, we are thinking to create and sign a prenup or a marriage contract after we married.

Can we create prenup or marriage contract after marriage and after we submitted sponsorship application?

Please let us know.

Thank you!

A "prenup" is something that you do BEFORE you get married, and I am not sure if it's even enforceable in Canada.

What exactly are you trying to achieve?

 

[irafikov]

A "prenup" is something that you do BEFORE you get married, and I am not sure if it's even enforceable in Canada.

What exactly are you trying to achieve?

I am not very familiar with these terms. Basically my wife and I want to create a marriage contract as in what will happen with our assets if we are to divorce. Our question is can we do it after we will get married and submit our application for her immigration? The reason why we want to do it after is we are just to busy to worry about this right now.

 

[DollyM]

I am not very familiar with these terms. Basically my wife and I want to create a marriage contract as in what will happen with our assets if we are to divorce. Our question is can we do it after we will get married and submit our application for her immigration? The reason why we want to do it after is we are just to busy to worry about this right now.

You can create whatever document you like. However, it may not be legal in Canada, or more specifically the province you live in. Divorce settlement terms are set by the courts and if you have a contract that is not fair and equitable to both parties it may be struck down by the courts.

 

[irafikov]

You can create whatever document you like. However, it may not be legal in Canada, or more specifically the province you live in. Divorce settlement terms are set by the courts and if you have a contract that is not fair and equitable to both parties it may be struck down by the courts.

That's what I thought too. TY +1

 

[scylla]

That's what I thought too. TY +1

Also keep in mind that a prenup will not protect the sponsor from being financially responsible for the applicant for three years after they land in Canada and become a PR. If they break up / divorce and the applicant goes on social assistance anytime within three years of landing and becoming a PR, the sponsor will be responsible for paying this money back to the government.

 

[irafikov]

Also keep in mind that a prenup will not protect the sponsor from being financially responsible for the applicant for three years after they land in Canada and become a PR. If they break up / divorce and the applicant goes on social assistance anytime within three years of landing and becoming a PR, the sponsor will be responsible for paying this money back to the government.

Thank you for that's good to know. I appreciate all your great points. Have a wonderful weekend guys! +1

 

[canuck78]

You can speak to a lawyer about creating a postnup but it is much harder to often come to some form of understanding if you are married. Not related to immigration or the terms of your immigration or sponsorship. This is really a family law issue.

 

[Buletruck]

You would probably both need to have it done and witnessed in Canada. Better chance of it being recognized by a court.

 

[irafikov]

You would probably both need to have it done and witnessed in Canada. Better chance of it being recognized by a court.

That's the plan. Ty +1