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Agreement to avoid financial liability of husband in case of divorce
05-Aug-2023 (In Divorce Law)
I am going 2 get married.is there any option.agreement.bond.available which can confirm that if my wife wants to get out of our marriage after few years that I do not hold any financiall liability or any monthly expense payable.does this agreement if signed favours me the time of divorce
No. Such agreement being contrary to public policy and law will be void. Instead of entering into such an agreement you both my enter into a mutual understanding memo mentioning therein that your wife is an educated lady and is able to maintain herself, and her source of income etc. If all this is mentioned then it may help you at the time of divorce. But if you are worried about divorce even before the marriage then please do think well before marrying.
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Adv. Pradeep Naik
Indore | 200+ Answers
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The agreement you are talking about is called a prenuctial agreement which holds no legal validity under Hindu law. You cannot take help from any such contract under Hindu law as, under Hindu law, Marriage is considered as a sacred Bond and cannot be controlled by any contract.
Although to ensure that you don't owe any legal liability in case your marriage fails, you must ensure that your wife was never dependent on you for her livelyhood and she has had her own source of income. So that when the time comes for divorce you can please before the court that your wife has her own independent and sufficient earning to carry out her livelyhood.
Apartment from that, under Muslim law, marriages are contract and can be cancelled on payment of the amount of meher which is decided at the time of marriage
Although to ensure that you don't owe any legal liability in case your marriage fails, you must ensure that your wife was never dependent on you for her livelyhood and she has had her own source of income. So that when the time comes for divorce you can please before the court that your wife has her own independent and sufficient earning to carry out her livelyhood.
Apartment from that, under Muslim law, marriages are contract and can be cancelled on payment of the amount of meher which is decided at the time of marriage
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Adv. Prabal Jain
Indore | 25+ Answers
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