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Prenup Agreement Before Wedding

Discussion in 'Married Life' started by mohini16, Feb 23, 2020.

  1. Amulet

    Amulet IL Hall of Fame

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    Do you mean US-Tax consequences ? Tangible (immovable) stuff will have to be divvied by selling it, or one party keeps that and hands over an appropriate/agreed cash settlement to the other. Usually non-taxable, unless the property is too new, and there is applicable capital gains. Retirement funds (401K, IRA), Differed compensations (stock options), are some of the things that will be taxable when divided payouts happen.

    Whatever Financial assets that the Canadian has, will all suddenly become FBAR/FATCA reportable if she moves to USA and starts filing tax returns on her global income.

    Now... I am reminded of "Alu ledhu, chulu ledhu, koduku peru Somalingam" [No wife, no pregnancy, son's name Somalingam]
     
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  2. mangaii

    mangaii Platinum IL'ite

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    did your ex gave up parental rights on the kid ? How can someone adopt if he doesn’t give parental rights ? Your marriage is registered under Hindu marriage law . There is no document needed . You have a bigger mess to sort out before thinking about someone adopting your kid . It will be invalidated the minute your ex files his claim over his kid . Please focus on sorting these issues
     
  3. Laks09

    Laks09 Staff Member Finest Post Winner

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    I meant about assets in other countries that the guy files FBAR for. Technically, the entities are outside the US and not covered by the prenup but divorce happens in America and asset division too.
     
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  4. Laks09

    Laks09 Staff Member Finest Post Winner

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    :innocent::innocent::innocent:


    OP - @mangaii seems to have a valid point above. The Hindu marriage act makes your marriage valid.
     
  5. Amulet

    Amulet IL Hall of Fame

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    Here is a legal opinion:
    Can I Divorce in Canada if I was Married in Another Country?
    Where your marriage took place does not dictate where you can apply for divorce. Even if you were married in a foreign country, Canadian courts have the jurisdiction to grant you a divorce if you have been “ordinarily resident” in the province in which you commence divorce proceedings for at least one year immediately leading up to the commencement of the proceeding. The law regarding jurisdiction in divorce proceedings is contained in section 3(1) of Canada’s Divorce Act, R.S.C., 1985, c. 3 (2nd Supp.), which is a federal statute that applies in every Canadian province. This means that if you have been ordinarily resident in British Columbia for at least one year, you are eligible to apply to the BC courts for a divorce, even if your spouse has not been ordinarily resident in BC or Canada during that time.​

    The OP needs to straighten out her civil-status situation (single, married or divorced) just so that she does not inadvertently get tangled in child-abduction-issues when traveling internationally with her child.

    Having a clear title (to her civil status) would also help her in whatever transactions she needs to have with USA or Canada immigration in applications to sponsor (or get sponsored) for immigration benefits as a spouse.
     
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  6. lavani

    lavani Gold IL'ite

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    very wise answer. i totally agree.
     
  7. mohini16

    mohini16 Silver IL'ite

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    Hi @mangaii ,
    In Canada I never registered marriage so on paper I am "Single" and baby's passport and birth certificate has my name only.
    This new guy knows about my status but thats not my primary concern.

    I am confused about india because this Ex guy is devil and if i goto india and he comes claining kid then I am stuck in india thats why I am not going there yet.
    I had asked indian lawyer earlier if I could annul this marriage based on Fraud and criminal record this guy has , lawyer told it will be hard to prove fraud in indian court so i have to take divorce.
    Now My worry is I am OK applying for divorce in india but I dont want to give visitation right to EX , its been ONE year since I am in Canada and he never supported my pregnancy nor he knows the name of baby or havent seen her picture.
    If Indian court gives me divorce(mutual,i dont want alimony or **** from him) and give this ex guy visit right then I would have to goto India to make him meet baby or he will come here and see baby ?

    I am not sure if i can apply for divorce in india from here only or i have to go there in -person .
     
  8. mohini16

    mohini16 Silver IL'ite

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    Hi @Amulet ,

    In Canada I dont know if i should apply for divorce because when i delievered baby in hospital , I told them I am "Single" and didnt get married to baby's father.
    If i goto canadian court now and say I need divorce from baby's father whom I got married in india then I don't know if court will accuse me of lying .

    And let say if i want to goto india to file divorce then I will be travelling with baby , I am scared if this guy will complain and they will stop me at airport or what ...for baby I have her passport and birth certificate with my name though , not sure if he can still accuse me of "Child Abduction"
     
  9. Amulet

    Amulet IL Hall of Fame

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    :facepalm: :frown: Many are buggered by their own presumptions, aren't they? This happens in getting married, as well as in getting unmarried.

    Talk to a divorce lawyer. She will tell you that you cannot lie, until you are sworn to tell the truth in a court of law, and then asked a question. This is not only true in America (such a lot of examples from our dear leader), but also true in Canada. She will also tell you whether or not your Hindu wedding is legal in Canada -- better than anonymous forum people. When she tells you it is legal in Canada, you cannot remarry without getting a divorce first.

    Look at the child's birth certificate. Does it mention any name for a father ? If it does, take that with you also when you go to see a divorce lawyer.
     
    Last edited: Feb 26, 2020
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  10. mohini16

    mohini16 Silver IL'ite

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    @Amulet
    No ,thats what i said , child's birth certificate has "My Name" ONLY , i applied for her certificate as Single Parent , and her passport too has my name only , and I dont have "marriage certificate" from India , how would i apply for divorce in canada.
    it is looking like bigger mess now because if i goto india even to apply divorce and that guy accuse me for "child abduction" (BTW he doesnt have any document to prove he is Father , except he has to ask indian court for Paternity test) but I will be stuck there with baby , i have to come back to canada.

    and I cant file for mutual divorce because it requires presence of both parties , it will be contested for child ...he will ask for visit rights and I live in canada so court will ask me to come to india or he will come to canada to visit.
     

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