What is Pre Nep Agreement? - Page 2

Originally posted by: AnnzSageflower7

it's a pity that Sonakshi said clearly that she hates the idea of prenup. If not Dev would have at least discussed with her what his lawyer talked about.

Bijoy is more mature. He said clearly that it's insulting for Ishwari to suggest that they need to protect themselves from Sonakshi as Dev's wife. Like she's a parasite about to eat up the whole cake.

I dont think the idea of pre nuptial agreement is wrong. But not the one sidedness of it.

Dev can keep his company and divide it among his siblings and mother. But he cannot deny financial support in terms of alimony or child support in the event of a divorce.

Ishwari is not protecting her daughters but estranging Dev's wife from her family. At the very least offer her one equal share with her sisters. She is coming as a wife !

I saw the document on pause and didn't see the child support but. Did Ishwari just make Dev sign away his child in the event of a divorce???! How can a mother be this heartless!!!

if I were Sona , I would sign the papers but only after my lawyers have read it and I have added some clauses to safeguard my own savings and future earnings and children.

How embarrassing would it be if Dev went into losses and Sonakshi was the one to give her savings to help him back up?

Prenuptial agreement has to be signed by both of the parties. I hope they show this. If the makers want to educate people, better do it correctly rather than as a prop.

Originally posted by: -Priya-

How can ishwari not want to give property to dev sonakshi's kid (supposing they eventually have one and ishwari doesn't know yet)

Originally posted by: ltelidevara

Originally posted by: ltelidevara

Not Valid Yet.

Prenuptial agreements are not valid in India. The Contract Act nullifies all contracts with respect to marriage or which has marriage as a consideration. This is why, you will never come across Indian couples entering into a contract.

Interestingly, Hindu marriage is not considered to be a contract in the way Muslim marriages are. Prenuptial agreements are likely to run over the domain of personal laws (religious laws that govern family law), considered a holy cow in India - so it is unlikely to be allowed very easily.

To allow such agreements, new law will have to be created to give validity and also delineate what matters can be governed by such agreements and what will continue to be governed by statute or personal law.

update: The Law Ministry has started a consultation process to legalize pre-nuptial agreements in India. It would probably still take upto 3-4 years to become enforceable law from this stage.

That which is still in planning stage is used to move the story and cause rift between the leads .Hillarious.

Originally posted by: adoremevirgo

u hv mentioned about so many legalities regarding prenup and it seems the show has violated all...for ur kind information except in goa (which follows Portuguese law) no other state of india has any law regarding prenup...prenup is legal in america, indonesia and other countries but not india so i dont know where u found such legalities...

yes once signed on a stamped paper this becomes an agreement like any other agreement...but wat will be included in a prenup agreement those things r not governed by law...

"In India, prenuptial agreements are very rare and do not have any governing laws. However, with rising divorce rates people are showing increasing interest in prenups. Some lawyers are of the opinion that prenups don't have legal sanctity in India. However, some form of contract is signed in some cases, usually among affluent citizens. But, the agreements need to be reasonable and not violate pre-existing laws like theHindu Marriage Act. Indian courts allow a memorandum of settlement to be signed during divorces. But, no court has yet been asked to enforce a prenup.^[4]

These agreements may come under the Indian Contract Act 1872. The Section 10 of the Indian Contract Act states that agreements are to be considered contracts if they are made by the free consent of the parties.^[5] However, the Section 23 of the same act states that a contract may be void if they are immoral or against public policy.^[6]

Goa is the only Indian state where a prenuptial is legally enforceable, as it follows the Portuguese Civil Code, 1867. A prenuptial agreement may be signed between the two parties at the time of marriage, stating the regime of ownership. If a prenuptial has not been signed, then the marital property is simply divided equally between the husband and wife."

courtesy wiki