Prenuptial Agreements In India

Marriage agreements provide for the possibility of terminating the marriage and are intended to protect the rights and obligations of spouses if such a situation occurs. In a country like India, where marriage is considered sacred and not a social contract, marital agreements are often seen as contrary to public order. The advantage of a marriage agreement is to create a clear reference to the responsibility that both partners have in the event of divorce or separation. 1) Protection of the rights of children and grandchildren from a previous marriage. 2) Protect the estate or interests of an independent spouse or practitioner from the control of another spouse in the event of separation or divorce. 3) Protection of a spouse who has no debts or liabilities before taking over the liability/debt charge of his spouse. 4) In the event of divorce, alimony or transaction can be decided in advance, so that spouses will save the penalty to go to court and wage a legal battle. But in a country like India, where divorce is still considered a taboo and where, after the failed attempts of the entire army to reunite the couple, marital agreements will always be taken as a last resort by the family and family, marital agreements will face a long and difficult struggle. It may seem that the end of the marriage is planned even before it begins, but there is nothing wrong with preparing for an uncertain future.

A marriage does not guarantee divorce, but guarantees the protection of the rights of spouses in the event of divorce. But a major problem that goes hand in hand with marital agreements is that they cannot predict the future. What happens if the financial situation of one spouse, or even both spouses, changes? And if today the woman earns Rs. 30 lakhs a year, but at the time of divorce, her income falls on Rs. 10 Lakhs or goes up to Rs. 60 lakhs. Marital agreements are not flexible and therefore cannot cope with such changes. In such situations, one of the parties is perplexed despite the course planning.

If you do not have a marital agreement, the laws of your state determine who owns the property you acquire during your marriage and what happens to that property in the event of divorce or death. (The property acquired during your marriage is called matrimonial or community property, depending on the state. State law may even have a say in what happens with some of the property you owned before your marriage. Although there are no drawbacks to a marriage agreement by law, there remains a social stigma in India and creates a negative impression in people`s minds because they think the couple has already thought that their marriage will not hold.

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