How to prepare a post nupital agreement

684 votes

On these lines it has prepare and on Rs.200/- Non-Judicial Paper with Two Witness.
In recent years postnuptial agreements have gained popularity and there are several reasons a couple may wish to adopt a postnuptial agreement. If there is no prenuptial agreement in place, a couple may determine they still want to have a financial plan in the event of death or divorce. Alternatively, a change in the couple’s financial circumstances, such as an inheritance, may require a change to the terms of a couple's existing prenuptial agreement.
To ensure that your postnuptial agreement is valid and enforceable, the agreement must contain a complete disclosure of assets and liabilities, fair and equitable distribution of property, reasonable child support provisions and contain a statement from both parties that independent legal advice was obtained.
Among others, this form includes the following provisions:
Separate Property Specified: Identifies the property that remains the separate property of each spouse
Shared Property Specified: Identifies the property that is shared by the spouses
Determination of Type of Property: Clarifies how the property type, whether separate or shared, will be determined
Alimony, Support, and Maintenance: Provides for any alimony, support and maintenance should a divorce occur
Wills and Other Transfers of Properties: Specifies the effects divorce will have on other transfers of properties

Advocate Periyaswamy K S LawRato

995 votes

When you say post-nuptial agreement, are you referring to an agreement in relation to agreeing to terms after separation; or are you referring to agreeing to division of assets in the unfortunate circumstance of a separation?

In India, pre and post-nuptial agreements are not recognized per se. We advise our clients to get into post nuptial arrangements when the couple are undergoing separation, and the separation is mutual. This helps in easy, and a quick way to resolve disputes. These are just arrangements, which are given a legal effect in the court of law. This is a mere understanding between, consenting parties, and is not executed in a stamp paper.

We could respond to your query better if you could explain your issue in detail.

Advocate Vijay Belavadi LawRato