Bible_Belt
Master Don Juan
you not only can't stipulate "matrimonial home" ownership in a pre-nup, nor can you contractually prohibit either spouse from having affairs......
So, in other words, a guy can buy or inherit a home, get married, the women can cheat on him, is automatically entitled to half the value of the home even though he owned it before the marriage, and there is NO LEGAL WAY he can protect himself from this?
The way to protect the home (in the US anyway) is the same as if it were any other asset. She can't get it if you don't own it any more. You make a trust or llc to own your assets for you, set that trust/llc aside in the prenup, and then never ever let you wife have any access at all to those assets. She might live in the house, but if she is kept separate from the finances of the house and her name isn't on anything, it can be done. All of that has to be done before marriage; you can't move assets around right before a divorce and expect it to work.
Getting something like that to stick in a prenup is not going to be a sure thing; it helps a lot if the prenup you draft has a generous, but temporary , alimony provision that you must pay to her upon divorce. $10k in alimony can save you a million bucks in claims against your assets. A good prenup will show to the judge that you are not throwing your wife out into the cold, where she might soon become a financial burden to the state.
As for income during marriage, if it's within a business that only you control and that wealth is owned by the company and not you personally, some wealth can be kept from a spouse. But as soon as you touch something in a personal capacity, it's half hers. And the more wealth that you are trying to get away with keeping from your ex-wife, the more generous her alimony needs to be if you want the prenup to have any chance of not being thrown out by the judge.
I think Canada is setting itself up for some wacky court cases in the future. Since they have gay marriage, why wouldn't the cohabitation=marriage rule apply to two guys? If your roommate just won millions in the lottery, half of that money would be yours if you could convince everyone that the two of you were more than just roommates
So, in other words, a guy can buy or inherit a home, get married, the women can cheat on him, is automatically entitled to half the value of the home even though he owned it before the marriage, and there is NO LEGAL WAY he can protect himself from this?
The way to protect the home (in the US anyway) is the same as if it were any other asset. She can't get it if you don't own it any more. You make a trust or llc to own your assets for you, set that trust/llc aside in the prenup, and then never ever let you wife have any access at all to those assets. She might live in the house, but if she is kept separate from the finances of the house and her name isn't on anything, it can be done. All of that has to be done before marriage; you can't move assets around right before a divorce and expect it to work.
Getting something like that to stick in a prenup is not going to be a sure thing; it helps a lot if the prenup you draft has a generous, but temporary , alimony provision that you must pay to her upon divorce. $10k in alimony can save you a million bucks in claims against your assets. A good prenup will show to the judge that you are not throwing your wife out into the cold, where she might soon become a financial burden to the state.
As for income during marriage, if it's within a business that only you control and that wealth is owned by the company and not you personally, some wealth can be kept from a spouse. But as soon as you touch something in a personal capacity, it's half hers. And the more wealth that you are trying to get away with keeping from your ex-wife, the more generous her alimony needs to be if you want the prenup to have any chance of not being thrown out by the judge.
I think Canada is setting itself up for some wacky court cases in the future. Since they have gay marriage, why wouldn't the cohabitation=marriage rule apply to two guys? If your roommate just won millions in the lottery, half of that money would be yours if you could convince everyone that the two of you were more than just roommates