Prenuptials

[automaton 3]

Originally Posted by ericschand

6 months, when you are considered common-law marriage.

ers

Nope, and this is a common misconception. The MPA provides for the division of marital propery, and only applies to married persons.

The courts have on occasion provided for a division of property in cases of unjust enrichment (ie unmarried couple farms for decades together, he kicks her off the farm leaving her with nothing).

[troutman]

Originally Posted by automaton 3

Nope, and this is a common misconception. The Divorce Act provides for the division of marital propery, and only applies to married persons.
The courts have on occasion provided for a division of property in cases of unjust enrichment (ie unmarried couple farms for decades together, he kicks her off the farm leaving her with nothing).

The Divorce Act (Federal) does not deal with property. This is a provincial jurisdiction - in Alberta we have the Matrimonial Property Act.

Common-law relationships are governed in Alberta by the Adult Interdependent Partners Act, and the common law. Lawyers call Adult Interdependent Partners "AIPs". One seminar topic was "Planet of the AIPs". Who says Lawyers have no sense of humor?

http://www.law-faqs.org/ab/inter.htm

http://www.justice.gov.ab.ca/home/default.aspx?id=3550

Over the years, courts and lawmakers have recognized the need for laws to address the financial and property issues of people in committed relationships outside of marriage.

Because committed unmarried relationships create financial dependencies and responsibilities, the government must:

• ensure our laws clearly outline the responsibilities people willingly take on when they enter into a financially and emotionally interdependent relationship; and,
• provide access to the courts or other legal mechanisms to settle disputes when these relationships come to an end.

[Tron_fdc]

So I don't get it....I've been living with my g/f for 7 years now. Both our names are on title of our house, although I paid the down payment, and largely pay the mortgage, bills, as well as have paid for pretty much everything else we own.

Does that mean I can punt her, and keep everything except for 1/2 the house?

Sweeeeeeet more BJ blackmail!!!

[troutman]

Originally Posted by Tron_fdc

Does that mean I can punt her, and keep everything except for 1/2 the house?

Not a chance.

[Bring_Back_Shantz]

Originally Posted by Tron_fdc

So I don't get it....I've been living with my g/f for 7 years now. Both our names are on title of our house, although I paid the down payment, and largely pay the mortgage, bills, as well as have paid for pretty much everything else we own.

Does that mean I can punt her, and keep everything except for 1/2 the house?

Sweeeeeeet more BJ blackmail!!!

Yeah, except she could pretty easily play the "You can't do better than me" card!

You know she'd be right, and you'd be done with the BJs for quite some time.

Don't get greedy man!

[troutman]

Originally Posted by fotze

She even gets half of his My Daddy Syndrome title?

+ spousal support

[Tron_fdc]

Originally Posted by troutman

+ spousal support

OK, I hope you're joking.....

Can I sign a pre-nup that's back dated???

[Tron_fdc]

Originally Posted by Bring_Back_Shantz

Yeah, except she could pretty easily play the "You can't do better than me" card!

You know she'd be right, and you'd be done with the BJs for quite some time.

Don't get greedy man!

OK seriously. I've been with her for 7 years. No amount of blackmail is going to bring back a BJ card. Losing that is like a rite of passage for those entering into long term relationships.

[troutman]

Originally Posted by Tron_fdc

OK, I hope you're joking.....

Can I sign a pre-nup that's back dated???

<<<< See Johnny Cash over there? Do you think we're joking?

[Tron_fdc]

Originally Posted by troutman

<<<< See Johnny Cash over there? Do you think we're joking?

Yeah, but she got him OFF the drugs. Mine makes me want to DO them sometimes.

[Itse]

The laws in Finland are a little different, but I think the principles are close enough for me to comment.

I'm definitely of the opinion that if you're not grown up enough to accept the idea of prenuptials, then you're not grown up enough to get married.

I don't have a prenuptial, but that's just because I'm too lazy.

I did suggest that we sign a prenup that the record collection is mine, end of discussion. She agreed. She knows that it's the one thing in my life that's invaluable and pretty much irreplaceable as it's such an extension of my personality and a part of my personal history. And in case of an ugly divorce, she could want to hit me where it hurts.

Also remember, it can be damned hard to prove who owned what before the marriage, if the other person is willing to lie, and when in pain, people can do the most awful things. (Although if for some horrible reason we'd some day get divorced, I think it'd be pretty much like my first divore, extremely cordial, businesslike and quiet in an excruciating way. But you never know.)

Also, I don't really think prenuptials are that unromantic I look at my case this way:

My wife, who is silly enough to love me dearly, was ready to accept the potential loss of some stuff that she would otherwise have a claim to in order to protect that what she knows is important to me. In other words she wants the best for me, now and in the future, even if somewhere in that future were not together, and even if it means giving up something of value. That's much more than words, more than any amount of gifts could say, and really, I think that's very romantic.

[prarieboy]

Originally Posted by troutman;1238694[B

+ spousal support

That's a good time. I think back to those days....two lawyers, looks that could kill, unrealistic expectations, time outs.

Ahh, the good old days.