Prenups In India: A Way Out Of Acrimonious Courtroom Battles And Bitter Divorces
By Team Legistify / 2016-10-25
Pre-Nuptial Agreement as an instrument is more popular in the west and rather obscure or unheard of in India, yet it could in some situations help avoid financial disputes and trauma at the time of separation or divorce as things can get messy without clarity of terms.

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Pre-Nuptial Agreement as an instrument is certainly more popular in the west and rather obscure or unheard of in India, yet it could in some situations help avoid financial disputes and trauma at the time of separation or divorce as things can get messy without clarity of terms.

In India, prenups can come with some stigma attached. A marriage is treated as a religious bond between husband and wife and is not per se recognised by the Courts easily as marriage is considered holy and not a contract. Alternatively, India has a relatively conservative stance on separation or divorce and at the time of marriage, no party ever ties the nuptial knot with half a thought given remotely to even think about the marriage falling apart in the future. Hence prenuptial agreements don't find social acceptance.

Pre-Nuptial Agreement- Just another Contract

A Prenuptial Agreement is a contract between two individuals who are about to get married which like any other contract has to be signed, registered and notarized to have a binding effect. Prenuptial agreement is a contract has to be governed by the Indian Contract Act and have as much sanctity as any other contract, oral or written.

The Indian courts take cognisance of a prenuptial agreement if both the parties mutually agree to it and sign it voluntarily, without any undue influence, force or threat. It must be reiterated again that the agreement should be fair, clearly stating the division of property, personal possessions and financial assets of the parties, and should be certified by a separate lawyer for each. You can talk to the best family lawyers in India to know more about the sanctity of prenuptial agreements in India.

Pre-Nuptial Agreement as an instrument is more popular in the west and rather obscure or unheard of in India, yet it could in some situations help avoid financial disputes and trauma at the time of separation or divorce as things can get messy without clarity of terms.

Have a Legal Issue?

Get connected to the Best Lawyers and Chartered Accountants Near You!


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