Hi, I just wanna ask if I can apply for a student visa with my common law partner? But I am legally married in the Philippines. I have been separated for a long time.
May someone please unpack this? It's a lot of legalese to sift through... "Marriage and cohabitation agreements are called "domestic contracts" in Canada. They do not "override marriage and family law", they are a legal option included in provincial and federal legislation. A couple may choose to enter into a domestic contract before or after their marriage or cohabitation commences to: organize their finances, specify their rights and obligations to one another during the relationship, and/or opt-out of the legislated rules for a division of property and create their own rules for property division in the event the relationship breaks down." So marriage and family law is paramount, correct? If marriage and cohabitation are called domestic contracts, than how can one choose to enter into it prior to itself? It doesn't make any sense. Do you mean a pre-nup when it says "organize their finances, specify their rights and obligations to one another during the relationship, and/or opt-out of the legislated rules for a division of property and create their own rules for property division in the event the relationship breaks down."? This also doesn't make sense, b/c as I stated above, this doesn't override marriage and family law, so what's the point if it has no teeth? Do re-nups have ANY teeth? If not, what's the point of dividing property in one, when marriage and family law can be implemented to destroy it? Is the answer NOT to get married and do a pre-nup before cohabitation? If so, you are saying that cohabitation is marriage and marriage overrides the pre-nup. This seems like cyclical and corrupt language tricks to obfuscate. May you please clarify? I know there are a series of questions here, but they are all along the lines of .. does a pre-nup and avoiding marriage altogether negate domestic contracts for good, while living with someone in Ontario for more than 3 years? Then there is kids... if we have kids it sounds like pre-nups are null and void
Thank you very much for your comment! I think it might be best for you to speak to a lawyer to get your questions properly answered. In addition, you might want to do some more research on our own. There are many reputable websites with (perhaps more user-friendly) information. "Domestic contracts in Ontario" is a good place to start. More specifically, Community Legal Education Ontario has a section on domestic contracts in their Steps to Justice website at stepstojustice.ca/questions/family-law/what-is-a-prenup-or-marriage-contract/
Hi, I just wanna ask if I can apply for a student visa with my common law partner? But I am legally married in the Philippines. I have been separated for a long time.
Hi Abbey. Please consult with an immigration lawyer for this question.
May someone please unpack this? It's a lot of legalese to sift through...
"Marriage and cohabitation agreements are called "domestic contracts" in Canada. They do not "override marriage and family law", they are a legal option included in provincial and federal legislation. A couple may choose to enter into a domestic contract before or after their marriage or cohabitation commences to: organize their finances, specify their rights and obligations to one another during the relationship, and/or opt-out of the legislated rules for a division of property and create their own rules for property division in the event the relationship breaks down."
So marriage and family law is paramount, correct? If marriage and cohabitation are called domestic contracts, than how can one choose to enter into it prior to itself? It doesn't make any sense. Do you mean a pre-nup when it says "organize their finances, specify their rights and obligations to one another during the relationship, and/or opt-out of the legislated rules for a division of property and create their own rules for property division in the event the relationship breaks down."? This also doesn't make sense, b/c as I stated above, this doesn't override marriage and family law, so what's the point if it has no teeth?
Do re-nups have ANY teeth? If not, what's the point of dividing property in one, when marriage and family law can be implemented to destroy it? Is the answer NOT to get married and do a pre-nup before cohabitation? If so, you are saying that cohabitation is marriage and marriage overrides the pre-nup. This seems like cyclical and corrupt language tricks to obfuscate. May you please clarify? I know there are a series of questions here, but they are all along the lines of .. does a pre-nup and avoiding marriage altogether negate domestic contracts for good, while living with someone in Ontario for more than 3 years?
Then there is kids... if we have kids it sounds like pre-nups are null and void
Thank you very much for your comment! I think it might be best for you to speak to a lawyer to get your questions properly answered. In addition, you might want to do some more research on our own. There are many reputable websites with (perhaps more user-friendly) information. "Domestic contracts in Ontario" is a good place to start. More specifically, Community Legal Education Ontario has a section on domestic contracts in their Steps to Justice website at stepstojustice.ca/questions/family-law/what-is-a-prenup-or-marriage-contract/