Legal Question in Family Law in Canada
Hello there, thank you for reviewing my question.
My husband and I are getting divorce after we have been married for 4 years. I was originally from Hong Kong and moving to British Columbia to be married with my husband. The day before our wedding ceremony, my husband presented me a prenuptial agreement that he typed himself and asked me to sign it. I was new to the country and didn't understand the local law very well, but I trusted what he said to me and signed the agreement without independent legal advice and witnesses. But he later on asked his family to put witnesses signatures on it without my present, and I'd never received a copy of the agreement during the period of our marriage until now we are getting a divorce.
In your opinion, how strong can the agreement up hold in court? he is the stronger party in terms of asset and knowledge of legal matter, but I am the total opposite. Will that make a different as well?
Thank you so much for your help.
1 Answer from Attorneys
Your question is too complex for LawGuru and as well there are many more facts that would have to be ascertained in order to provide a reasonably accurate opinion of your chances. For one, most competent family law lawyers have investigative resources available that would assist in obtaining the evidence of the witness behaviour that appears necessary; next a lawyer would have to review all of the documents and interview you extensively about the agreement. These are just a few of the things that msut be done. You should consult a competent family law lawyer who has investigative resources available as soon as possible.
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