Alternative to prenuptial agreement as its illegal in India
01-Dec-2023 (In Family Law)
I understand that India has different laws for various communities (quite sad!) and prenuptial agreements are not really 'legal', so to speak, but they are considered as an 'agreement'. So for a couple getting married under the Special Marriage Act what is a legal workaround for a Prenum - MoU etc?
At present all prenuptial agreements remain in valid in India as far as Social boundations are concerned other then commercial contracts/ agreement.
Pre condition before getting married is unacceptable as per indian law . This is because an agreement by which a party gives up his or her legal remedies is considered void (Section 28 Contract Act 1872).
IF any consideration( cash/assets- fixed-liquid/Movable/non-movable) is involved in a contractual marriage, a record of the same can be recorded by way of agreement mutually signed & notarized . The same will form part of litigation evidence in settings the suit. Any subject ( child) arising after the contract will not be considered as part of nuptial contract. Unforseen issues which are yet to be born / arise cannot be considered as legal rights.
Pre condition before getting married is unacceptable as per indian law . This is because an agreement by which a party gives up his or her legal remedies is considered void (Section 28 Contract Act 1872).
IF any consideration( cash/assets- fixed-liquid/Movable/non-movable) is involved in a contractual marriage, a record of the same can be recorded by way of agreement mutually signed & notarized . The same will form part of litigation evidence in settings the suit. Any subject ( child) arising after the contract will not be considered as part of nuptial contract. Unforseen issues which are yet to be born / arise cannot be considered as legal rights.
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