Prenuptial agreements
PARTHA SARKAR
(Querist) 04 June 2011
This query is : Resolved
whether Prenuptial agreements permissible in india? If yes what will be the procedure?
Dr V. Nageswara Rao
(Expert) 05 June 2011
Pre-nuptial agreemments are by way of contract between a man and woman at the time of their marriage for the settlement of issues that might arise in the event of divorce or seperation. The agreements might cover allocation of their earnings, property, naintenence, child custody etc. In many western countries the agreements are considered to be a very sensible way of dealing with post-divorce issues without rancour or bad feelings and without incurring heavy lawyer's fees.In England these agreements were considered as illegal till recently, but in 2010 in Radmacher (formerly Granatino)(Respondent) vs. Granatino (Appellant), the UK Supreme Court ruled that they may be recognized in proper cases.In India also these agreements may be recognized by Courts without treating them as against public policy.
Tajobsindia
(Expert) 06 June 2011
In India, Prenuptial Agreements are governed by Contract laws and not Marriage Laws.
Under Section 10 of the Indian Contracts Act,prenuptial agreements have as much sanctity as any other contract, oral or written; just because litigation has not begun in this area does not mean that it has to be treated any differently, and that it cannot be enforced.
