Pre-Nup.

[BigCan]

I am about to get married and it seems like the sensible thing to get a pre-nup. I am entering the marraige with very few assets (as is my partner). In fact I have pretty much no assets. I would like to protect a future inheritence and also my prospective pension. Will one of the pre-nups that I have seen available online cover this? I would assume they will. Is that the best way to go? It seems silly to pay a lawyer a tonne of money when I only need the standard pre-nup.

One more question. Can the pre-nup be notorized at the same time as we are registering the marriage?

I am a Canadian citizen and my partner is Thai.

Thank you.

Edited September 28, 2011 by BigCan

[craigt3365]

Why don't we try this in the Marriage forum.

[BigCan]

Thank you. Sorry about that.

[Mario2008]

A prenup can only be entered at the time of registering the marriage.

An important factor will be if you plan on ever returning to Canada with your wife. If so, if you divorce in Canada the prenup must comply with Canadian law or (parts of) it might not be recognised in Canada.

[kunash]

also, if you do go for a pre nup. update it every 2 years or so, as your circumstances change, (post nup of course)

[BigCan]

We do plan on returning to Canada in the future. How will I know if a Pre-nup is in accordance with both Thai and Canadian law? Can I use the standard one now and then update it once we move?

One more question (Thank you for letting me pick your brains) Do we need to prepare it in any way before we register it at the same time as the marraige? Or do we just show up with it and sign it with our witnesses?

Thanks again.

[Mario2008]

To comply with Canadian law, seek out a Canadian lawyer to advise you what is allowed and what not.

You just enter the prenup when you register the marriage, no need to do anything before hand. (Besides getting advise from a lawyer, if you want, and which is advisable if there are considerable assets/risks to protect).

[cdnvic]

Don't forget that in Canada the laws may vary by province. Check the provincial laws before getting any agreement written up.

http://www.international-divorce.com/prenups_around_the_world.htm

http://www.attorneygeneral.jus.gov.on.ca/english/family/

http://www.familylaw.lss.bc.ca/

http://www.justice.gouv.qc.ca/english/publications/generale/maria-a.htm