I am about to marrying a Canadian citizen (2 weeks) and he has asked me to move to Canada with him. I would have to sell my home, car and everything to do. Big $$$
My previous marriage I had a prenuptial and thank goodness, I did!
My future husband and I had spoken about my previous prenuptial about a year ago and we both decided that it was to cold and business like.
Current situation> Fiance found a past Will from 2001 and called his mother just to see how to revoke it (she is married to a laywer in Canada). From what I heard, she told him to just destroy it. But...by the end of the night another revised Will was emailed to us, that did not mention me and his oldest daughter. (?)
It also had a paragraph added that said the following:
5. Any benefit, whether as to income or capital or both, or income from capital to which any person shall become entitled in accordance with the provisions of this my Will or any Codicil thereto, shall not fall into any community of property which may exist between any such person and his or her spouse and shall not form part of her or her net family property for any purpose or purposes of the Family Law Act, R.S.O., 1990, c.F.3., in the Province of Ontario and any amendments thereto or any successor legislation thereto, but shall only be paid by my Trustee to such person on the condition that the same shall remain the separate property of such person, free from the control of his or her spouse. The separate receipt of such person shall be a discharge to my Trustee in respect of any such payment.
I am by far a legal professional, but from what I understand and another attorney has stated, that she is trying to make it that any future Wills that we make together, will be Null and Void due to the wording in this and that I am not intitled to nothing. Another attorney told me that this paragraph had to do with the other 2 children in the Will and their future mates, since I was not mentioned.
But..both attorneys (from Canada) state that I am foolish not to get a prenuptial before the marriage...needless to say, I am confused, heartbroken and just wanted to grow old with someone that I believed in and now this and others have led me to believe otherwise.
In addition, I have read that a forgein alien is something to watch out for especially under Sec. 1041 are sharply curtailed Sec. 1041(d).
Do I get a prenuptial in Canada or Indiana?
We are getting married in Indiana, so will it be valid in each country?
Please, please help me..I am so upset and I believe that his mother is trying to break us up and add addition legal stipulations, that will only create a wedge in our marrige.
I know she had to sign a prenuptial to her current husband, but my future husband has nothing and I was willing to share at one point, but now I am being told to re-think this all over. (we have been together 3 1/2 yrs now.)
All of your help is greatly appreciated!
Sincerely,
Brokenhearted Twilight
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