Pre-Nuptial Agreements

[dimpy.handa]

Pre-nuptial agreements can cause bitterness: given the element of unfairness in most agreements, it is likely that one spouse will feel hard done by when the relationship ends.
Would it be ever accepted by Indians?

 

[dimpy.handa]

The problem, however, is that Indian courts have not totally recognised the validity of prenuptial agreements," says Indranil Bose, partner (litigation), Fox Mandal Little, a Delhi-based law firm. The Indian law defines what marriage is and agreements such as these do not fall into that definition. So they are not deemed valid.

"In India, prenuptial agreements are not governed by the Indian marriage laws, but by the existing contract laws.

"Under Section 10 of the Indian Contracts Act, prenuptial agreements have as much sanctity as any other contract, oral or written; just because litigation has not begun in this area does not mean that it has to be treated any differently, and that it cannot be enforced.

 

[deepakraam]

I think pre-nuptial agreements are good incase if one of the spouses breaks the marriage.These agreements help in calculating the alimony.Besides this the agreement serves no purpose.

Its a kind of hedging your marriage.

-Deepak.

 

[jonboy106]

I have to disagree. A marriage which is what a man and a woman do when they love each other unconditionally isn't a marriage with a pre-nup.

 

[swatiraohnlu]

In a pre-nup agreement, all the clauses and conditions are very clearly decided and so in case a dispute arises there is no need to go for legal proceedings. The matter can be decided based on the provisions in the agreement.