A pre-nuptial or Pre-Marital agreement is a contract that a couple signs before they get married. The couple who lives together by virtue of agreement also enjoys their status as live-in relationship. The legally-binding agreement helps the couple decide how their money, property, and other assets will be divided in case of a divorce. But here is the question, whether pre-nuptial (nick name is PRENUPS) or Pre-marital agreement is permitted in India? Answer is big No. Still India does not accept such kind of agreement as equal to the status of legally solemnised marriage as per Indian Laws. Indian only recognizes form of marriage as per personal law or secular law. Buy sales with high quality on sale.
Where are Pre-nuptial or Pre-marital agreements applicable?
Such kind of agreements is valid in the Western countries. A couple can get benefit from pre-nuptial or pre-marital agreement/contract viz. an instrument for financial security; quantifies the maintenance or alimony payable to wife/child; an instrument to prevent custody related issues; protect interests of couple, in case of a divorce helps promote transparency and trust in the relationship; protect familial/ancestral assets. In India, recent there is a Hon'ble Kerala High Court judgment towards mutual divorce wherein Pre-nuptial or Pre-marital Agreements came into light. Buy hot-selling top quality from online store. Fast shipping. Money back guaranty.
The Hon'ble Kerala High Court in X Vs. NIL held that law does not recognise live-in relationship as marriage in India and the couples who are living together by virtue of agreement, can't seek divorce.
The law only allows parties to divorce if they are married under a recognised form of marriage as per personal law or secular law, the court observed. So far, marriages entered into between parties through a contract does not have any recognition under law for the purpose of divorce, the Court noted. Where can you buy Swiss movement ? Swiss fake online store can be a good choice.
Marriage as a social institution, as affirmed and recognized in legislation, reflects the social and moral ideals followed in the larger society. The Law is yet to recognise the live-in relationship as marriage in India. The Law accords recognition only if the marriage is solemnised in accordance with the personal law or in accordance with secular law like the Special Marriage Act.
Law relating to divorce is peculiar in our country and customised through legislation. The extra-judicial divorces followed in some communities also get recognition through statutory laws. All other forms of divorce are of statutory nature. The statute, only recognise or allows the parties to divorce if they are married in accordance with the recognised form of marriage applicable as per the personal law or secular law.
Gist:
The practice of Pre-nuptial agreement/contract is used in most of the Western Countries like the US of America. The idea behind this concept is to safeguard the assets of couple. Although, this concept in India is not in practice, however in this era and we also need to accept this concept. This concept not only save the extra money which is spent during solemnised the marriage but also will give relief to the kith and kin from mental agony. The cheap
By – Adv. Sanjay Singh Attri
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