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Prenuptial Agreement, Court Marriage, Hindu Marriage, Arya Samaj Marriage, Marriage Registration, Marriage Certificate

Prenuptial Agreement
Court Marriage
Hindu Marriage
Arya Samaj Marriage
Marriage Registration
Marriage Certificate

You are here, reading this page, because you are planning to get married or you are already married and wants marriage certificate ......
How to proceed forward? What all to know and consider?

Prenuptial Agreement

Q. The first thing to know about and consider is "Prenuptial Agreement" if you are unmarried, and if already married, why not to have Postnuptial Agreement? Why to have Prenuptial Agreement or Postnuptial Agreement? What are its advantages?

A. Somebody stated, “Marriage is a union of two hearts”. Wake up! No more it is a union of two hearts only. Marriage means many things…
     Marrying Persons may not have disclosed many things to each other during engagement or roka or courtship, such as their marital status before marriage, the actual earnings they have, properties being owned by them etc., which disclosers you might like to get before getting married in the form of Prenuptial Agreement.
     Why is it important?
            Take an example; you might be getting married to an already legally married person; it is happening every now and then. Many people get married legally and because of family pressures they do not disclose their marriage, and knowingly or unknowingly, their family again perform their marriage with a different person.
            Take another example; many married persons are going through their divorce proceedings and during the pendency of such marriage proceedings, they try to get married again, saying, they have already agreed for divorce, they have signed divorce papers, they have filed mutual divorce petition etc. without getting Divorce Decree from Court, which is illegal and renders the second marriage void and bigamous.
            Take another example: Many times, we come across wives who want to file Petition for Maintenance, Alimony, Spousal Support, etc., or they are considering negotiation of lump-sum, full and final, one time maintenance money for agreeing to divorce, and they do not know the actual earnings and the properties owned by their husband…. In such a situation, even if such a wife has very experienced advocate and the court wants to help such a wife, they can do very little to help her out. Similarly, we come across husbands who are defending Petition for Maintenance, Alimony, Spousal Support, etc., however, they are not able to properly defend such a petition because they do not know the actual earnings and the properties owned by their wife.

     Monetary Status, Properties Owned and Earning Capacity of the marrying persons may vary considerably, and hence, you might like to predefine many things, such as: -
            Who would contribute and how much on marriage ceremonies?
            List of Articles, Properties, Gifts, and Jewellery etc., given by one party to the other, and whether the same was given voluntarily or as per custom or on demand.
            Who would retain, possess and have custody of any property, cash, gifts, jewellery etc., received by either party from the other or relatives?
            What would be the effect of marriage on the separately owned property of the spouses?
            In case of medical disability, who would take care?
            On the birth of child if one of the parties shall reduce his or her work hours, or shall refrain from working, in order to care for the child or employability is affected by full or partial withdrawal from employment, whether any reasonable remedial spousal support would be available or not, and how much.
            What would be the status of marital property acquired after marriage in joint name?

     There are so many other things to consider before agreeing for marriage, or if the engagement or roka has already been done, to disclose and get discloser, to negotiate and crystallize in a pragmatic way the effects of marriage and what it means to both of you and your families.
     Somebody said about Prenuptial Agreement …. I feel like signing my divorce paper before marriage …. Well in our view, if everything goes well like a fairy tell, you may forget about having signed any Prenuptial Agreement any day; however, if your marriage pass through rough weather, which is happening in so many cases now-a-days, that, in the event of any dispute, difference, institution of any court proceedings of divorce, judicial separation, maintenance, alimony, guardianship petition, domestic violence complaint, dowry demand F.I.R. / FIR, you would rest in peace that you have Prenuptial Agreement, which is of considerable help to not only you, but also your Advocate, Lawyer, Attorney, Court, Police Officials etc.
     Most Important aspect of Prenuptial Agreement is that – either of the warring spouses would know that: -
           They have very little space to fight in Court as most of the aspects are already settled in Prenuptial Agreement, and
           They cannot lie in Court, as Prenuptial Agreement contains disclosures.
           They cannot file false cases and make false allegations and accusations as there are agreement and declarations in Prenuptial Agreement about the matters of intended allegations and accusations.

In our view, it may seem quite unromantic, however, it is absolutely pragmatic, considering that nobody wants to waste their time, energy, money and focus on unnecessary future litigation, it is better to have Prenuptial Agreement executed before marriage.

A word of caution!
  Get the Prenuptial Agreement drafted and finalized through an Advocate, Lawyer, Attorney well conversant with Family and Matrimonial Laws, which may cost you some money, however, the same would be worth spending.

Read further ... Court Marriage, Hindu Marriage, Arya Samaj Marriage, Marriage Registration, Marriage Certificate

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Last Updated: 18 July 2010