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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101001
Experience:  Lawyer
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I married a man who lives in Nashville TN on a workers visa.

Customer Question

I married a man who lives in Nashville TN on a workers visa. We have been married since October 9 2014 we are separated right now. We got married in my hometown of London Ontario both canadianlly and islamically. He signed on Islamic papers if we get a divorce he owes me 15 000 with witnesses. If we decide to get a divorce which is highly am I able to get anything from him money wise? Am I entitled to anything as I don't have a job and lost everything when I moved to Nashville with him? He also wants me to sign a post nuptial if I decide to go back? Is that a good idea. I have my concerns.
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
Are you both living in Nashville right now? Are you moving back soon or you are not sure?
Customer: replied 2 years ago.
I was living with him in Nashville. Im in Ontario right now have been for 3 months. Im deciding if I should go back but I don't think I will
Customer: replied 2 years ago.
I'm thinking to go back but that means I have to sign the post nuptial prenup if I do. I'm just wondering if I decide to end things now without signing the post prenup will I be able to get anything from him financially or not?
Expert:  Debra replied 2 years ago.
I can only answer about the law in Canada. Should I go ahead as I cannot talk about the law in the US.
Customer: replied 2 years ago.
Yes go ahead with the laws in Canada. The prenup is for Canada and the USA
Customer: replied 2 years ago.
Yes go ahead with the Canadian law and what my rights are if anything
Expert:  Debra replied 2 years ago.
To get a divorce in Ontario you have to have lived in Ontario for at least one full year before applying so the law of Canada and Ontario will not apply if you move back to the US. A marriage contract is valid in Ontario in most cases so long as it is done properly, you have both made full financial disclosure and you've both had independent legal advice. The paper that he signed saying he has to pay you something would be binding if it met with the requirements of a marriage contract so it would have to be signed, dated and witnessed and there would have to be full financial disclosure and independent legal advice in most cases. If you separate now as your relationship has been so short you would not be entitled to spousal support except that if you can prove you lost out on a job by moving to the US with him he may have to give you some support for a few months. I cannot know if you should sign a marriage contract now. I don't know the law in the US and I don't know what the contract would say. I suggest that you consider having a phone consultation with a family lawyer in TN at this point and before making any decisions.
Customer: replied 2 years ago.
Customer: replied 2 years ago.
Our Islamic marriage contract states that in case of divorce. He owes me 15 000 and I had a sheikh ( our priest that did the marriage contract) and witnesses and sent to our city hall. Doesn't say anything else just that if we get a divorce he owes me that money. So if he decides he doesn't want to pay it since its in the contract can I go through a lawyer to get it?
Expert:  Debra replied 2 years ago.
I know what you did for the contract but domestic contracts in Ontario are treated differently and it may not be binding. As I explained above generally there needs to be financial disclosure and independent legal advice so if there was not financial disclosure or if he says he didn't know the law or his rights it won't be binding.You can try and force him to pay but it is not so clear you will succeed.