According to family court lawyers, many girls turn to her for information about contractual marriage, as it helps them obtain visas and explore new avenues abroad. Although there are no legal drawbacks to a marriage contract, it is still a social stigma in India and leaves a negative impression in people`s minds as they think the couple once thought their marriage would not last. The marriage contract can cause pain between the husband-wife marital relationship if only one spouse insists on this, as Indians view marriage as above the materialistic aspect of life. A prenuptial agreement is a contract between the spouses that is signed before their marriage. This contract governs the settlement of money between the parties in the event of death, divorce or separation. In other words, it is an agreement both for the share of property, money, assets and everything that each of them will receive in the event of dissolution of the marriage. “The contract loses value if one of the two parties violates the terms of the contract. Nevertheless, these couples can file for divorce by mutual consent. “(1) In Goa. Here, marriages are governed by the Portuguese Civil Code of 1867, not Indian family law. “The trend of contractual marriage is slowly taking hold, as it offers benefits for marriage and life relationships. Usually, these marriages are for a duration of 1 to 3 years and are preferred by people in the 28-35 age group,” said marriage counselor Parul Khona.
Although a prenuptial agreement is a valid agreement, there are certain clauses in a prenuptial agreement that can be overturned by a court, namely the clauses according to which In India, since marriage is not considered a contract, it is very rare for you to see or hear a couple get a prenuptial agreement. However, in the event of divorce or separation, both spouses have a hard time hearing their case in court, throwing accusations at each other, blaming the other party so that the person can pay less money as alimony, and this is where the meaning of a prenuptial agreement comes into play. The marriage contract in India sounds like a foreign word. India is a country that prides itself on its rich culture and the love and warmth that people share. Unlike Western countries where marriage is considered a contract between husband and wife, in India, marriage is considered a religious covenant of a man and a woman for life and therefore a marriage contract is not legally valid under the Hindu Marriage Act in India, but is regulated by the Indian Contracts Act. 1872. While binding the covenant under the Hindu Marriage Act 1955 or the Special Marriages Act 1954, the bride and groom enter into contracts, especially those who want to obtain visas easily, which sometimes mean that the marriage will end after one year. Undoubtedly, most child support and support laws support wives, and so something is missing to take into account the financial conditions of male spouses.
And therefore, the verdict is ultimately in favor of the woman. However, in the case of a prenuptial agreement, financial liabilities are determined in advance so that none of the partners are affected at the time of separation. A prenuptial agreement promotes financial transparency, whereby both partners know each other`s financial situation. This does not result in any chance of fraud. This is the case abroad. However, the legal validity of marriage contracts has always been questioned in India, where marriages are not contractual. This is an agreement in which a future couple sets the terms of what will happen to their financial assets, individual or family property, and other aspects of their future life together if their marriage breaks down. In some parts of the world, a prenuptial agreement is known as a “marriage contract” or, in modern times, it is called a “marriage contract.” A contract entered into as part of a marriage contract is also called a “postnuptial”, “post-nuptial” or “conjugal” contract.
The marriage contract comes into force from the date of the marriage. There are no disadvantages to a marriage contract by law. Nevertheless, it is still shameful in India and leaves a negative impression in people`s minds. He describes how the marriage between the couple already believed that their marriage would not last. (1) Protection of the rights of children and grandchildren of a previous marriage. The main contract of a marriage contract is marriage. There are various agreements that can be included in the marriage contract. These are: marriage contract. Prenuptial agreement, separation agreement and marriage agreement.
For each agreement, the spouses must consult their own lawyer separately. If both parties agree to sign a prenuptial agreement with each other and to sign the contract voluntarily and without threat. Influence, force or coercion, the agreement can recently be considered as a reference or proof by the Indian Contract Act of 1872. Contract documents are just as valuable as any other contract in written or oral form. However, the document must clearly state the provisions. It may not be very common in India yet, but prenuptial agreements are something real that needs to be understood. We never know what will bother us; It is better to know everything. Since weddings in India are considered a very special and auspicious event in life and not a contract. Prenuptial agreements, also known as “prenuptial agreements,” are rarely seen. In Western countries, marriages are considered a contract between a husband and wife. That was five or six years ago. At the time, the idea of talking about money before marriage was frowned upon.
Now the demands are much more. However, couples usually do not return after inquiring. If a couple chooses not to enter into a prenuptial agreement, the laws of their state will determine who owns the property that one of them acquires during the marriage. Also, what should happen to property, if one of the partners dies, or divorces, their right to state property, decides this. Property acquired during marriage is often referred to as joint property or matrimonial property, which depends on the law of the state in which the couple resides. The State Property Act may also decide (if any) the events of the property that one owns at the time of marriage. Now everyone has heard of a marriage contract between a man and a woman. It is essentially a written agreement between 2 spouses stating that in the event of death, divorce or separation, the financial responsibility of the respective spouses exists. Simply put, it determines how much of the property, wealth, and money each of them receives when the marriage is dissolved. Marriages in India are celebrated by personal laws. According to the Hindu Marriage Act of 1955, a marriage is not a contract, so the prenuptial agreement is invalid.