Prenuptial agreement
Guest
(Querist) 11 April 2016
This query is : Resolved
What is a prenup?
A prenuptial agreement is a legal contract between spouses before the marriage to outline plans for division of property and finances in case of a divorce. It can help couples decide whether certain debts are personal or shared, and to define plans for managing household finances.
A couple with children from prior marriages may use a prenup to spell out what will happen to their property when they die, so that they can pass on separate property to their children and still provide for each other, if necessary.
My query to Expert is Whether it has any legal standing in Court ?
Devajyoti Barman
(Expert) 12 April 2016
This is not class room either.
Please consult your teacher.
P. Venu
(Expert) 12 April 2016
It appears you are not married; in our country, marriage is not a mere contract and marriages are not made to be broken.
Guest
(Querist) 12 April 2016
Sir,
This article came in Times of India (Leading newspaper) and I was disappointed that they should mention clearly that there is nothing mention regarding it in Marriage Act and thus not valid.
But was wondering whether it was valid ?
Well to be frank not married to above query . But when you see in forums series of question about divorce done by kangaroos. So it put puzzle some time such article are misleading society when such thing don't have legal sanction as such.
Still Confused how publication like Times of India publishes such article without mentioning proper legal facts.
Rajendra K Goyal
(Expert) 12 April 2016
These agreements may come under the Indian Contract Act 1872. The Section 10 of the Indian Contract Act states that agreements are to be considered contracts if they are made by the free consent of the parties. However, the Section 23 of the same act states that a contract may be void if they are immoral or against public policy.
Goa is the only Indian state where a prenuptial is legally enforceable, as it follows the Portuguese Civil Code, 1867. A prenuptial agreement may be signed between the two parties at the time of marriage, stating the regime of ownership. If a prenuptial has not been signed, then the marital property is simply divided equally between the husband and wife.
Refer:
https://en.wikipedia.org/wiki/Prenuptial_agreement
R.K Nanda
(Expert) 12 April 2016
discuss it in forum section of LCI.
