Prenuptial agreement in india quora

Reason behind signing a prenup lies in addressing to the problems regarding interests in the property of either spouse or any other material rights. The basic logic is to save ones property or prohibit the another spouse from acquiring the propert. In Indian laws , post or prenuptial agreements are not legally valid or enforceable in court.

Are prenuptial agreements valid and enforceable in India ? Marriages are not contract marriages in India and they happen mostly under Hindu or Muslim per. In this article, Anubhav Kumar Pandey from Rajiv Gandhi National University of law talks about the legality of Prenuptial agreement in India. What is prenuptial agreement.

An agreement on the distribution of assets, liabilities, and issues relating to the custody of children if the marriage falls apart in the future, entered into by the wedding. The content in a prenuptial agreement may vary. Is there a pre nuptial agreement in India? Is postnuptial agreement legally binding in India?

Can a man and wife enter into a prenuptial agreement? In India , prenuptial agreements are valid under Indian Contract Act. The wave of prenuptial agreements is growing in India also. Mumbai people are now becoming money minde and there is an increasing number of a prenuptial agreement between couples.

Through a survey, a lawyer said that only of the married couples make a prenuptial. The court can also invalidate a prenuptial agreement if the agreement was “unconscionable” at the time it was signed. For example, an agreement that provides no support whatsoever for a dependent spouse, to the point where that spouse must.

Pre-nuptial Agreement in India sounds like an alien concept. India is a country that boasts of its rich culture and the love and warmth that people share. Unlike in India , European countries accept and recognize the concept of prenups, in European count.

It is a signe registered and notarised document that usually outlines the distribution of assets, liabilities and issues relating to custody of children if the marriage falls apart in the future. A prenuptial agreement is a contract entered by the parties before getting married. A thorough and successful Prenuptial Agreement can drastically speed up divorce litigation, or even avoid it altogether in the event of a divorce.

India has no law on prenuptial or post nuptial agreements. Such agreements are not common in India and are contrary to Indian customs and views about marriage. Nevertheless, the global publicity about celebrity prenuptial agreements is encouraging more affluent people to consider the idea in India.

Also abbreviated as prenupt or prenup, this formally written agreement is a signe registere recognized and. Is Prenuptial Agreement valid in India As of now, I don’t see prenuptial agreements having legal validity in India. If some provisions are blatantly unfair, many of us will cry out that the woman is being exploited and step in to save her from a life of poverty and destitution. Sample of Agreement Type of Agreement ( Prenuptial Agreement ). It generally covers financial matters but may include other issues as well (e.g. spousal maintenance).

How Hong Kong will apply Radmacher in the future remains to be seen. Each state has its own. If one partner has a large amount of debt, a Prenuptial Agreement will prevent creditors coming after you in the event of a divorce. A Prenuptial Agreement sets out how debts and assets will be distributed in the event of death or divorce.

If you have a child or support obligations from a previous marriage and you pass away, a prenuptial agreement could keep your previously acquired assets.