Hi,
My wife's and my lawyers are working on a settlement.
I would like to make sure to the greatest extent possible that my wife has a prohibitively difficult time asking for more money after the current payments end in the future.
Our marriage was 1 year. She is on a student visa in Canada. Her position is that she lost her job in her home country and came here because of me, where she has no money and cannot legally work, and therefore, I have to pay for her immigration, psychologist, and tuition expenses. However, I anticipate that after the settlement's payments end, she will keep asking more money for various reasons, such as costs of psychological treatment and living expenses when she is unexpectedly diagnosed with a certain personality disorder that makes her unable to work, and will require higher tuition costs.
I am wondering if a separation agreement or a consent order is better in my situation. The separation agreement would explicitly state that SS extinguishes any claim she might make to me to pay for the costs of her counselling, tuition, and immigration. The consent order would just say "no future claims" and rely on the info in affidavits, in which my wife claimed that she cannot work now because of psych stress and needs money for tuition and immigration. My lawyer says it doesn't matter and prefers a consent order.
Can anyone offer advice?
From my shallow guess, I prefer explicit. If my wife asks for more money in the future, it may be costlier and messier to argue about that based on affidavits (we have 3 long ones from each side) that the future expenses have been anticipated.
Thanks.
My wife's and my lawyers are working on a settlement.
I would like to make sure to the greatest extent possible that my wife has a prohibitively difficult time asking for more money after the current payments end in the future.
Our marriage was 1 year. She is on a student visa in Canada. Her position is that she lost her job in her home country and came here because of me, where she has no money and cannot legally work, and therefore, I have to pay for her immigration, psychologist, and tuition expenses. However, I anticipate that after the settlement's payments end, she will keep asking more money for various reasons, such as costs of psychological treatment and living expenses when she is unexpectedly diagnosed with a certain personality disorder that makes her unable to work, and will require higher tuition costs.
I am wondering if a separation agreement or a consent order is better in my situation. The separation agreement would explicitly state that SS extinguishes any claim she might make to me to pay for the costs of her counselling, tuition, and immigration. The consent order would just say "no future claims" and rely on the info in affidavits, in which my wife claimed that she cannot work now because of psych stress and needs money for tuition and immigration. My lawyer says it doesn't matter and prefers a consent order.
Can anyone offer advice?
From my shallow guess, I prefer explicit. If my wife asks for more money in the future, it may be costlier and messier to argue about that based on affidavits (we have 3 long ones from each side) that the future expenses have been anticipated.
Thanks.
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