If for any reason the judge determines that your prenup is “unfair” they will toss it out and go on their marry way divorce raping you. Prenups usually get thrown if the couple has children, or if the woman sheds a tear for the judge. Having a prenup against your wife is essentially a bluff that she’ll not win in divorce court.

I think we have a few members here that are actuallyattorneys.  Perhaps they can chime in on the subject?

I’m curious to hear from people who’ve been divorced… do prenups work in Canada? I hear they don’t always work in the US but I could never figure out what the circumstances were…

Only if the judge says they do. More often than not they get tossed out entirely in the face of a crying woman. I’ve heard of judges taking the legal opinion that signing on the marriage contract voids the pre-nup contract. The courts in general consider the three party marriage contract between you, her, and the state to supersede your two party pre-nup contract that’s just between you and her. This despite the fact that the state, through the courts, can arbitrarily change the terms of your marriage contract on a whim. usually the best you can hope from a pre-nup is it will intimidate her into not completely raping you during arbitration before it goes before a judge, because, again, the judge is empowered to throw it out entirely. And if there are any children, even if they’re only her children by a previous man, you have no chance at all. Sacrifice a goat and say some hail marys because that’s your only option.

It’s possible you might try something like a pre-cohabitation contract, which would have more weight than a pre-nup, but only because you are not locking yourself into a marriage contract. Even then I don’t know how it would stand up to all that common law marriage bulls~~~. But rest assured, once you sign on the bottom line you are completely at the mercy of others, paperwork or no.

Really it’s best to avoid it altogether. Don’t get married. It’s not like there’s any benefit for you in it anyways.

Soul Man wrote:

I am completely unfamiliar with Canadian law but I think I’ve heard someone speak of creating a trust to funnel all your assets to. Then I guess everything technically belongs to the trust. It sounds reasonable on the surface but I don’t know how or if it would actually work. I’m no lawyer.

Judges can bust trusts. And do.

Your only guaranteed course of action is to just say no to marriage.

After saying all of this, it is far better to have a Pre Nuptial Agreement than the Marriage Contract (Marriage Licence).  It would at least spell out what was intended when you got married with respect to assets obtained prior to the marriage.  A Pre Nuptial should also cover things like Family Trusts, Alter Ego Trusts, etc.  But like I said, kids change the picture.  What I have done:  I have never remarried.  I screw anything I can.   I have my own home, I commute to my “companions” home every day to see my son, get laid, etc.  We do not Co-habitate.  I do not have the same mailing address.  I do not live with my “companion”.  I can’t be held responsible for anything.  Infidelity is no problem.  Works for me, and I go home by myself to my own refuge most nights.

That is the number one question that has been asked for the past 20 years. Hell, books have even been written on the subject.

But if you ask me, nothing has been done to improve it. And society has only gotten worse.

Nothing really tends to surprise me anymore, not even the next outrageous horror story that tends to come up in these forums. I guess all we can do is roll with the punches. “Damn the torpedoes. Full speed ahead!” Life and society is full of risks that way.

Prenups used to work. Now your best case scenario of having at least a 50 percent chance of a prenup being held up in court is to have the whole damn prenup signed while VIDEOTAPING it, and with lawyers present. But good luck getting a woman to go along with just the MENTION of a prenup, without the mention of videotaping and lawyers.

They claim that marriage shouldn’t be about prenups, but about ROMANCE. Not lawyers and documents being signed. No, all that should be reserved for a DIVORCE, right?

Unless they’re the ones who feel like they have money and assets to protect. As long as a prenup would protect whatever s~~~ a woman happens to own, women wouldn’t mind bringing up prenups. The ones that object because it’s “unromantic” are the ones who don’t own S~~~ and who are looking to get married just so they can get some fancy s~~~ to own out of it.