Common law application with Prenuptial agreement

[Benlie]

Hi everyone, i am doing my application right now but my partner want me to sign this agreement before i submit as family request. This agreement basically mention that in the event of separate, we can keep our own assests, divide equally and neither of us will be responsible for spousal support to the other. Will this agreement be opposite to the undertakings which my partner need to sign to make sure he support me financially? Sorry it's bit complicated but i need evryone help , thank you so much

 

[Ponga]

The sponsor will still be financially responsible for three years after the day that you become a PR.

 

[TANMEX]

Hi everyone, i am doing my application right now but my partner want me to sign this agreement before i submit as family request. This agreement basically mention that in the event of separate, we can keep our own assests, divide equally and neither of us will be responsible for spousal support to the other. Will this agreement be opposite to the undertakings which my partner need to sign to make sure he support me financially? Sorry it's bit complicated but i need evryone help , thank you so much

The sponsor is responsible to the financial well being of the applicant for 3 years regardless of whatever you and your partner's agreed on , however you need to check the laws of the province you will living in , In Ontario living common-law doesn't give partners the right to the other partner's assets.

 

[Rob_TO]

Hi everyone, i am doing my application right now but my partner want me to sign this agreement before i submit as family request. This agreement basically mention that in the event of separate, we can keep our own assests, divide equally and neither of us will be responsible for spousal support to the other. Will this agreement be opposite to the undertakings which my partner need to sign to make sure he support me financially? Sorry it's bit complicated but i need evryone help , thank you so much

The prenup has absolutely no impact on anything to do with the PR app. As mentioned, the undertaking can be enforced for 3 years after you become a PR, no matter what other documents you and your partner may sign.

Also the rule that 1 year of cohabitation makes you common-law, is only for immigration and tax purposes. In most provinces the real rule around becoming legally common-law and having any sort of spousal rights (like spousal support) similar to a married couple, is 3 years of cohabitation. So check your provincial rules around common-law. If it's 3 years, then there is really no point in signing a prenup after just 1 year of cohabitation.

What is often beneficial for people living together (no matter if common-law or not) is to have an agreement simply stating what % of the shared assets was brought into the relationship by each person, and how shared assets would be divided upon a separation.

 

[Benlie]

I live in vancouver BC so i am sure what the rule of this province is ? So basically i just tell my partner change the agreement to " he will be resposnisble for me for 3 years on the day on which i get my pr"? Or doesn't matter i just go ahead and sign this agreement? Thanks so much for helping

 

[Aquakitty]

I live in vancouver BC so i am sure what the rule of this province is ? So basically i just tell my partner change the agreement to " he will be resposnisble for me for 3 years on the day on which i get my pr"? Or doesn't matter i just go ahead and sign this agreement? Thanks so much for helping

It doesn't matter, but it would make more sense if it was worded to allow for the 3 year commitment. Such as, any assets acquired after the 3 year sponsorship commitment is completed are his/her own, or something along those lines. You do not need to say anything to CIC about your private agreement. But I kind of wonder why he/she is trying to get you to sign this, does your sponsor think they will get around this somehow?

In BC common-law is recognised after 2 years. At that point you have the same rights and responsibilities as a married couple.

 

[Ponga]

If he bothers to read the information on his forms (sponsor's portion of the application package) he will see that he will be responsible for 3 years.

 

[Rob_TO]

I live in vancouver BC so i am sure what the rule of this province is ? So basically i just tell my partner change the agreement to " he will be resposnisble for me for 3 years on the day on which i get my pr"? Or doesn't matter i just go ahead and sign this agreement? Thanks so much for helping

Read this: http://www.cbc.ca/news/canada/british-columbia/common-law-couples-as-good-as-married-in-b-c-1.1413551

You and your partner doesn't need to put anything anywhere about the 3 year commitment. This is a rule enforced by CIC and will be there no matter what you and your partner put anywhere else.

 

[Sous02]

I think that if CIC hears about this they will examine this relationship very closely.

 

[canadianwoman]

Yes, do not include a copy of the prenup in the application, and don't mention it.