Post-Nup versus Common Law

[darkeyz31]

Hey everyone. I was googling & came across this nifty site. So, I thought I would post my question here. I have been married for nearly 3 years. I am Canadian and he is a landed immigrant now. We eloped in the US in April 2006. My husband was studying in the US and I was living in Toronto so basically we had a long distance marriage. No worries there. He is finished school & now living in Toronto. He is starting his own business. I am on international assignment with my company. I will be returning to Canada within a year. So - first of all - if I didn't register my marriage in Ontario - is my marriage from the US valid?
Secondly, my husband is now starting to freak-out that if we ever get a divorce, he is screwed - that the Canadian laws favour the women, etc. . so his solution - let's live common-law & get a civil divorce. Yah right. I suggested a post-nup but he seems to think that it doesn't stand up in court. I am planning to discuss this with a lawyer when I visit Toronto in a few months time, but in the mean time I thought I would throw this question out to some of you. Any words of wisdom or any ideas where I can go online to research further? Thanks alot.

[standing on the sidelines]

why in the hell would he want to get a divorce and live common law now?? I would be more worried about that then anything else. If there are no problems in the marriage and it is working then why divorce?? There is something fishy here.

[FL_Needs_To_Change]

So - first of all - if I didn't register my marriage in Ontario - is my marriage from the US valid?

Absolutely.

Secondly, my husband is now starting to freak-out that if we ever get a divorce, he is screwed - that the Canadian laws favour the women, etc. . so his solution - let's live common-law & get a civil divorce.

He is far better off staying married then getting a divorce living CL with a co-habitation agreement. Same goes for you.

I suggested a post-nup but he seems to think that it doesn't stand up in court.

ANy agreement is valid so long as both parties have had independant legal council review and advise the client on the ramifications of agreeing to the terms they are signing.
Perhaps a co-habitation agreement is a good idea givent he instability right now. It would ease bopth parties minds to know they are covered should the relationship go south.

There must be a reason he is feeling threatend in this relationship?

[darkeyz31]

Hi everyone. thanks so much for your replies. I totally agree with what you're both saying. I think his fear is stemming from one of his friends that lives in Calgary. He is getting a divorce & the wife is talking him to the cleaners! So I guess he panicked. Your comments were a great help though! Thanks again.