Prenuptial Agreements are the agreements that discuss about the remuneration of wife if the couple chooses to head out in different directions. These can be referred to a written contract that is made by two people prior to their wedding. That’s why, these are also called pre-martial agreements. Such agreements are not lawfully viable in India as the law doesn’t think about marriage as a contract.
These agreements are pervasive in evolved nations, like the US and Australia. In any case, in India, there are Supreme Court decisions that lays down that any contract which has marriage as an object is null and void.
While prenuptial arrangements are not lawfully viable in India, some business families actually draw one. It is to offer lucidity to the wife on what she would get in the event of a divorce. Since the families need to hold control of the business, and so they do it. Prenuptial agreement may have some convincing worth if the divorce transforms into a court fight, and it can stay away from couples exploiting one another.
Short time back, Maneka Gandhi, the then minister for ladies and youngster improvement, suggested, the then minister for law and justice, D.V. Sadananda Gowda for making prenuptial agreement obligatory before marriage. She suggested it as numerous ladies from low social and monetary background need to face unlimited conflicts over the martial ownership of property, assets during divorce and an alimony.
In a prenuptial understanding, both husband and wife has to express their resources, liabilities, insurance, and other monetary perspectives. They likewise determine the share and maintenance a wife would get if there should be an occurrence of divorce. It can even go to the degree of expressing the gradual sum that the husband would offer to the wife if they have kids.