Ask a Lawyer: Family Law / Divorce

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Prenuptial or postnuptial agreement

Vile (Edmonton)

I live in Canada,I am divorced, I have 2 grown kids. I found a man from my home country who has 2 grown kids. We want to marry and then I will sponsor him for PR visa so he can come to live with me in Canada in my house. I have a house in Canada, I still have mortgage on the house, I have a car, RRSP, TFSA, LAPP ( LOCAL AUTHORITIES PENSION PLAN that is paid half by me and half by my work company), money in my bank and I plan to save more money in future, maybe sell my current house and buy an apartment, I also have Life Insurance.
We both agree my house, car, money, RRSP, LAPP, property that I buy in future or money that I save in future in bank, RRSP, TFSA, LAPP, ( all current and earned in future properties and money), Life insurance, to be only mine and inherited by my kids only. In case we separate or divorce I do not want to pay spouse support to him.
He wants to find a job, and everything he earns or saves to send to his sons back home, or buy some property for his sons in our home country and to be inherited by his sons only. Can all above be signed in an agreement? When should we make this agreement before or after marriage? He still lives in my home country, and he barely knows English. So can he sign the agreement while he is in my home country where he can find an English translator? Can he sign the documents online, or to be sent to him in my home country for his signature? Thanks a lot


0 14 months ago

Anonymous Lawyer (Calgary)
   Verified Lawyer

This situation sounds too complicated to be answered here. You will need to contact a lawyer. To begin with though, you soon to be husband must have a lawyer who is familiar with the applicable law of the jurisdiction in which you are going to be living in Canada, and be able to explain the agreement to him for it to be valid in Canada.

0 14 months ago - edited 14 months ago

Mathieu Maillet - BARR LLP (Edmonton)
   Verified Lawyer

Hello, you are going to need to sit down with a family lawyer to discuss this in greater detail. An agreement can help you do what you are asking. The tougher part is going to be waiving support. While we can do this, there is no guarantee that it fully sticks in the long term, especially as a relationship changes.

0 14 months ago

Dawn Nelson - Dawn L. Nelson, Barrister & Solicitor (Edmonton)
   Verified Lawyer

Hello, as the others have said, this is too complicated to answer online. You really must meet with a lawyer who is familiar with family law and immigration law and possibly international contract law. You may be able to find a lawyer who speaks the language of your home country who may be able to communicate with your soon-to-be-husband's lawyer somewhat easier than having to hire translators and interpreters. We do have many foreign-trained lawyers here in Alberta, so you may even be lucky enough to find someone familiar with the legal systems in both countries. A call to the Law Society of Alberta Lawyer Referral Service might be an avenue to find someone that fits most, if not all, of the criteria you need. https://www.lawsociety.ab.ca/public/lawyer-referral/lawyer-referral-request/

0 14 months ago

Anonymous Lawyer (Edmonton)
   Verified Lawyer

If you let us know which language he speaks we may know of a lawyer he can contact. It's also possible to have a translator involved. They may be able to meet with him over video, but you'll likely want him to meet with a Notary Public as well so that you have proof that it was he who signed. He and the lawyer he contacts can sort that out. The family law lawyers in our directory can be contacted for help with this: https://albertalegal.org/index.php

0 14 months ago

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