prenuptial

[tippywilson]

Hello everyone,

Forgive me in advance if this topic is found elsewhere, but I could find nothing on it in a search.

I am planning to marry my fiancee who is a Ukrainen citizen working in Moscow this summer or fall (depending on whether she gets visitor's visa to canada or whether I will need to go to Russia to be married.)

She suggested that we get a prenuptial as it may help our case to CIC that our relationship is genuine with no alterior motive.

As I sit down to read some examples my lawyer gave me, I am wondering a few things.....

If we write a prenuptial written in such a way that limits my support of her in the event of the dissolution of the marriage, will these make the immigration officer liable to consider that she may end up as Canada's responsibility? I know that as her sponsor I am bound to support her for three years.

Has anyone written in a clause that if the marriage does not work out that the spouse should return to their home country? Perhaps a legal document such as this would prove intention.

For myself I am not too concerned with the contents of a prenup, as if I did not trust this person I would not be considering marriage.

Part of my concern as well is that she is already giving up alot to come and be with me, and I do not wish to limit her rights. I know that she would sign whatever I recommend, but where is the fine line here, and what kind of prenup is proper for this sort of situation.

Anyones comments or experience would be valued.

Thanks in advance!!

 

[Swede]

Exactly how would a prenup prove that your relationship is more genuine that if you didn't have one? Prenups are usually designed to make a divorce less difficult for one or both parties, so bearing that in mind, a prenup might have the opposite effect. But I might be wrong...

 

[esperando]

Exactly how would a prenup prove that your relationship is more genuine that if you didn't have one? Prenups are usually designed to make a divorce less difficult for one or both parties, so bearing that in mind, a prenup might have the opposite effect. But I might be wrong...

I know very little about prenups, but I would have to agree with Swede. I mean, I know some people do prenups with the intent of proving that they WON'T get divorced, but isn't the fundamental purpose of a prenuptial a contract made to ease the asset-dividing process in case of divorce? I can't advise you on whether or not to get one or how it may affect your application, but the main thing they look at for spousal PR applications is how genuine the relationship is, not how the applicant will support him/herself should the relationship not work out before the 3 years is up.

 

[wilder1047]

There is no logic to be found in that theory. Exactly as said, prenups are to brace for a possible divorce, which is obviously always a possibility. But, it almost seems like you both have less faith in the marriage working out by signing one. Also, as you said, if you are taking on your spouse, you're agreeing to 3 years of support if you were to split, but then the prenup will contradict that to a certain extent. I don't see it being a good idea.

 

[iarblue]

NO PRENUMP it will just hinder the process not grace it.The only thing that will make or break the app is how much proof you supply to prove your relationship,pictures,phone logs,or anything else you can give to prove this.Please email me i would like to talk to you a litle on this in private.