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Posts: 9192

Emperor

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Q: Getting married,,,and,,Prenup legal for home. ??

 Before I left home,I tried getting a paper saying I was single, just in case I did want to get married. It took all day just to find out how to get it. I'd have to get this, swear to this, translated, sent there and wait 20days for processing,,,not kidding. I can get the paper in one day from Guangzhou.
  I talked to a woman in my MPs office, who is the whatever to China, and she said be careful because most men than bring asian wives home, never even get the woman home.Then I'd still have to support her for 3 years. With this info and what I read else where, it seems to me that getting married in China is just asking for trouble. But trouble is every where and my middle name.  Often the bad luck cliche does seem to apply to me.
 How do you get a prenup that would be legal in Canada? I could take a woman leaving and giving her money, but not giving her half my house, or my cars etc. for a short marriage. 
  I think I could live in China, maybe forever. But I'm going to miss my own things and I a better standard of living in Canada, but not neccessarily a better life.

12 years 6 weeks ago in  General  - China

 
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Posts: 3025

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I am not familiar with the laws of Canada, but in USA if she and you depart after she is there, you will only be responsible for any free public assistance she request, not to fully support her.  And that will be only for a few years, not for ever.

And as far as a pre-nuptial, just make sure you clearly state that was was yours and hers prior to the marriage date, in case of a divorce will stay yours or hers as it was indicated, and only those adquired after the marriage date will be split.  also make sure it is signed by witnesses, and then get an English version and a Chinese version, so no one can claim that did not know what was signing.

Jíliú.hé:

bad advice he enters the married with ten grand, and it ends with him having made ten million. he leaves with 5 million ten thousand. also quite a few states in the U.S and other countries have that as common law.

12 years 6 weeks ago
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HappyExPat:

You are wrong, in USA there are two types of settlements, and the one you refer to is not based on what you made in salary or earnings, but in net worth at time of divorce, minus what you had at the time of marriage. Then, whatever the amount, gets split from 25% -75 % to 50-50, depending on circumstances causing divorce, and if wife works or not too. Suggest you really know what you are talking about before replying wrongly.

12 years 6 weeks ago
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Jíliú.hé:

Man you give the worst comments first I never said anything about salary. Second my comment was on how bad the pre-nuptial agreement you suggested was not on the quality of your answer. Third he is a relatively young man and new to china he does not have a lot lose right now. So why would he need to protect what he has at this time he needs to protect what he is going to have.

12 years 6 weeks ago
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HappyExPat:

In your comment, you said and I quote : " he enters the married with ten grand, and it ends with him having made ten million. he leaves with 5 million ten thousand ". To anyone that reads what you wrote, it will mean that a person who gets married, and on that day has $ 10,000, and then either by working, investing, creating a business, or by whatever means possible, during the marriage, receives 10 million as income, if he were to be divorced he will have to give his former wife 5 million dollars . And to that I said, and do repeat now again, YOU ARE WRONG AND HAVE NO IDEA OF WHAT YOU ARE TALKING ABOUT. At least, in USA, how much money you made during the marriage is not taken into consideration at all, it is and always will be how much your net worth has changed, and not the total income made. And the split dictated by the veredict of the Court will be based on many other factors too, like if the wife has an income of her own, what are the reasons for the divorce, who is the guilty party if any, etc. This is why splits goes from 25 - 75 % to 50 - 50 %. And why it is not based on income alone ?. Because during marriage, income received by either member of the marriage unit was used to pay for the expenses of daily life. and what was left plus the results of investments were or are the only ones subject to distribution by the Court. And one last thing. A pre-nuptial will cover whatever net worth you have prior to marriage. It will not cover anything gained after the marriage occurs. And if you tried to do that, the document will be illegal.

12 years 6 weeks ago
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Jíliú.hé:

Oh mighty genius of pointless bull**** I never said anything about it being or not being his net worth. If you were a citizen of the U.S you would know that it is different in each state and that you can get just about any type of pre-nuptial agreement you want, as long as she agrees to it and the court agrees to it. PS I do not know where you are from but the schools must have sucked.

12 years 6 weeks ago
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HappyExPat:

Ja, Ja, Ja......... When those can't argue an idea because they are either wrong or ran out of excuses, they resort to personal insults in a futile effort to still win. I think this is on page one of the manual "How to become a succesful politician". I will let History be my Judge, can you afford to do that ?

12 years 6 weeks ago
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TedDBayer:

I am not a young man with nothing to lose. I have a nice, fairly new house on 4 acres with hot tub and no mortagage. I owe very little, just for the new roof, i have savings, a car, two hot rods, 7 cats and a dog, So I have lots to offer someone but would hate to lose half.. And yes I just returned about a month ago.

12 years 6 weeks ago
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Jíliú.hé:

i always think of you as a mellow bachelor in the 26 to 30 range, and since you you did not list your assets i just assumed you had none.

12 years 6 weeks ago
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Jíliú.hé:

Yes I am quite confident in my history, and I would not call this an argument, arguments need logic yours is more of a rant.

12 years 6 weeks ago
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12 years 6 weeks ago
 
Posts: 1008

Shifu

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Canadian and Amerian laws are quite the same in many aspects, if you intend on marrying abroad, pre nup or not, you are entitiled to keep up a spouse or exspouse for some years after seperation or divorce. As for losing a house or half no way, a marriage has to be up to 5 years in order for a spouse to take any ownership over the house or property.
Even then it's difficult for a spouse to take any ownership or rights to property unless the property was bought during the marriage. You can do a pre-nup in China also, it is now considered a to do thing among Chinese men.

The new law in China also states that a woman must be married to a man for up to 3 years before she can take any ownership of a house and it's still debatable even after a short term marriage of 3 years.

Hope this helps you

TedDBayer:

I think so, but I've heard of cases even with a prenup, where the judge decides to split everything. Fair is fair, but if I am stupid enough to actually get scammed, splitting the house will make my life real tough. It's paid for too.

12 years 6 weeks ago
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12 years 6 weeks ago
 
Posts: 1008

Shifu

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Ted, I haven't been in law long enough to see all the possibilities and the things I studied were forgotten after the bar. But, yes, judges are a pain in the arse and it can go either way especially if it's a bad day for the judge. In the States and in Canada, I've often entered a court room seen the expression of the Judge, his first judgement and immediately say, prayer for judgement or extension for another date.

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12 years 6 weeks ago
 
Posts: 3318

Emperor

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Didn't you just get here? Also, all you need for the single's certificate is to sign an undertaking at the nearest Canadian consulate that says you're single. If you lie, it's enforcable in Canadian court, which means you'll be charged. 

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12 years 6 weeks ago
 
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