Prenup Agreement Before Wedding

mohini16 · Feb 27, 2020

Amulet said: ↑

In countries where a court-assisted legal divorce is possible, there is such a thing as "ex parte" divorce. Only one of the parties need to be present for the court to adjudicate and dissolve the marriage. There is no need for a document signed by the other party to the marriage. Canadian courts provide for such a relief to their applicants.

As for "involving the families" -- obviously opinions would vary. Let us have a romping discussion on that; never mind the OP, and the prenup. In my opinion, involving the families was the cause to the current misery. Involving the families is often a necessary (& traditional ) torment to the woman when marriages happen. It is a circus with lots of (adjectives deleted) participants, who were supposed to be spectators. Divorce need not be so; it can be a more dignified affair with the aggrieved party getting a private consolation.
Click to expand...

Thank You all again for taking your time and responding to me ,
I am putting this whole Prenup CRAP and this guy on hold for now , I need to sort my legal issue first and this guy donesnt seem like empathetic and good heart person anyhow so I am not bothering much about him.

@Amulet ,
I have appointment with Canadian Family Lawyer next week and will discuss the issue ,
Thank you for letting me know about "Canadian Consular Service" , now as far as I know "Canadian Divorce" can be valid in India too if I am Canadian Citizen and living in one province(state) for more than one year.
My Biggest and ONLY worry is "child custody" , let see Canadian court grants me divorce and full custody of child (which i already have since her birth) but when i goto India and this guy shows up and starts claiming baby then how this "Canadian Full Custody Order" will come in picture , will it be legitimate in India ?
Or He can still sure me for "Child Abduction" ... in this case how "Canadian Consular" can be of any help?
do you have any idea ?

My friends suggesting me to apply in India only , but even to apply divorce i would have to go India and what if they stop me in immigration though i have baby's birth certificate and passport with my name on it.

Any suggestion ?

1Sandhya · Feb 28, 2020

Laks09 said: ↑

Now I’m really curious. Wonder how that will work with divided assets.
Click to expand...

Heh. Now this is rapidly moving out of my scope. A lawyer would be the person to contact. Although... my cynical self would hazard a guess that probably the party would reveal only as many assets as strictly necessary and unavoidable, and add a line the prenup stating that by signing this she is willingly giving up her rights to any assets not mentioned or gained in future.

snehalJoshi · Feb 28, 2020

Let me share with you my experience. May not be totally relevant to what you're asking for.
Before getting married to DH, I went to a lawyer in India. I don't know if it was my inner-voice telling me to go to a lawyer or the fear of my love marriage failure.
Anyway, I asked a lawyer about divorce laws, separation if there are kids involved, etc.
The lawyer said "You're talking about what will happen if the relationship breaks when you are not even married to that person. Why get into a relationship when you're not 100% sure about your partner." He didn't answer me anything I asked.
I wish I had listened to him and not get married to my DH.

Amulet · Feb 28, 2020

mohini16 said: ↑

....
@Amulet ...
I have appointment with Canadian Family Lawyer next week and will discuss the issue ,
Thank you for letting me know about "Canadian Consular Service" , now as far as I know ..........
Any suggestion ?
Click to expand...

Your post demonstrates that

you did not read the page on consular services yet. Go and read it, and find out what the services do, and does not do.

you have been forming questions to ask the lawyer, in your meeting next week. This is good.

Here is my suggestion:
When you go to business meetings, you must be concise and precise. This is true even when you may not be paying by the hour of how long the meeting goes. Time is valuable.

Run the meeting in your head.
What you would say to the lawyer to introduce yourself and your case ? Write it down.
What would you ask ? write it down. (WID)
What questions that lawyer may want clarifications on? WID.
Do you have documents to substantiate whatever ? Collect them NOW.
At the end of the session, what are the questions you should have got answers for? WID
Write them all down, like you are writing to internet nobodies.
What would be a successful meeting with the lawyer? Write it down.

Read what you had written down. Make it concise. Add questions you had skipped.

Come back after the lawyer's meeting, and post. Not before.

-------------------------------------
Long winded venting in lawyer's office will be tolerated by bad lawyers when they bill by the hour, and have no appointments after you. Your motherinlaw beating you with chappals story for half an hour is not relevant, unless the lawyer asked you for examples of physical abuse, and whether you have any documents to substantiate that.