Husband & wife financial accounts

Is the marriage on the rocks?

Yes they can very well enter into an agreement on a 100 Rupee stamp paper and let them get it registered to avoid future complications.

Yes.. going through turbulence...

Can these above mentioned conditions be put into it?

If so, then the wife can't demand maintenance (crpc 125) from husband. Is it correct?

One of my known lawyer said it is of no use. Court does not accept it.

And with this agreement also you will have to waste many years fighting court case with allegations & counter allegations.

Will this be called pre-nuptial (or nuptial)  agreement? because pre-nuptial agreement is not valid in india.

Legally our discussion is not valid.Better get separated through MCD and share the responsibilities of children.

Thank you Sainath for the reply...

Do other experts in this forum have different opinion or piece of knowledge about it?

Experts... Kindly advise me in this regard..

agreement can be made

Mr.Lokesh,

How far it is valid legally?

@Advocate Lovkesh Gupta:

Is it leagally valid?

Will it be called pre-nuptial / nuptial agrrement? Because I heard that nuptial agreement is not valid in india.

Experts,

Kindly give your opinions about it.

in addition to previous unanswered queries, i have few more:

Has the marriage act amendment (stating wife's 50% share in earned & ancestral property) been passed recently?

If not, is it likely to get passed in future?

how to take precautinary measure against it?

please do reply

Hello,

Requesting respected lawyers to share wisdom & experience on this:

Suppose if husband & wife both are working (earning),

-Can an agreement (or MoU) can be made between husband & wife stating that:

-> the financial accounts of both of them will be different.

-> No one will be dependent on each other.

-> No one will claim / fight for share in other's income or property.

-> Both of them can nominate their parents / siblings for their property instead of spouse.

-> all the home (household) expenses as well as expenses for childrens' upbringing will have to be shared by both of them equally.

Is it possible legally?

Will this be called pre-nuptial (or nuptial)  agreement? because pre-nuptial agreement is not valid in india.

Ravi,

Has your wife agreed to sign such an Agreement ???

Since the marriage is on rocks i doubt whether she will agree. However if she agrees then i would suggest you to work upon your relation and save your marriage.

Prenuptial /Nuptial agreements can be made for understanding between parties so that socially you can make each other accountable/responsible. However legally they do not hold waters and can be broken/challenged by either party anytime. 

I would suggest if you both have such an understanding related to money matters then to be safe -  keep sharing each others financial data/details every year and maintain transparency. In future if there is dispute your wife will not have the highhandedness to harass you by claiming hefty alimony that you cant afford to pay /capable of.  And thus legally courts can determine the alimony/maintenance on purely merits of the case.