Pre -nuptial agreements

373577 thumbnail
Posted: 11 years ago
#1
With divorce rates rising and getting messy pre nups could be a solution for cutting down the time and cost but it may not be valid as far as a Hindu marriage act or a Muslim marriage is concerned- so say some lawyers in India. Reason stated is that marriage is not seen as a contract but is considered scrosanct.
What do you have to say about it?

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return_to_hades thumbnail
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Posted: 11 years ago
#2

Scrap the religious marriage acts and create one sensible, secular, logical marriage act that applies to all Indians equally.

I'm not a fan of prenuptials because if you cannot enter marriage with full faith and need clauses, then it doesn't seem worth it. However, for many people it is important and a vital measure for successful marriage. People have a right to prenuptials and a law should allow it.

souro thumbnail
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Posted: 11 years ago
#3
Pre-nup is quite practical. Given how greedy spouses get during divorce and the ever increasing trend of divorce, it's better to safeguard your personal wealth, so that even if by mistake you get in the clutches of a gold digger, the damage will be minimal.
Summer3 thumbnail
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Posted: 11 years ago
#4
Marriages between two unknowns should have a prenup, but make sure you compensate the poor lady adequately.
twila thumbnail
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Posted: 11 years ago
#5
I'm guessing that couple's are unsure whether their marriage will last when they form a prenup. If they're really in love then I doubt there's a need of it. This stuff is mostly in the west, isn't it? Muslim and Hindu marriages hardly ever have pre-nuptial agreements because most of the marriages are arranged. The government should make a law in such countries which states that prenup's are a necessity in case of arranged marriages and that both individuals have equal distributions from the marriage.
373577 thumbnail
Posted: 11 years ago
#6

Originally posted by: return_to_hades

Scrap the religious marriage acts and create one sensible, secular, logical marriage act that applies to all Indians equally.

I'm not a fan of prenuptials because if you cannot enter marriage with full faith and need clauses, then it doesn't seem worth it. However, for many people it is important and a vital measure for successful marriage. People have a right to prenuptials and a law should allow it.

I am all for uniform laws in a country if not the world. But what if someone wants to follow their own religious code ? Should they have the freedom to do so or should they be made to conform to a common law?

Faith sounds good but cannot be ensured . A few may be fortunate but others will have to watch out. The pragmatic thing could be to treat marriage as a pure contract with all terms and conditions spelled out clearly and documented. Any breach of contract will be grounds for a legal action. This might end up working wonders as far as respect of the partner is considered. So beats me why no one has insisted on enforcing this in the country till date !??
373577 thumbnail
Posted: 11 years ago
#7

Originally posted by: souro

Pre-nup is quite practical. Given how greedy spouses get during divorce and the ever increasing trend of divorce, it's better to safeguard your personal wealth, so that even if by mistake you get in the clutches of a gold digger, the damage will be minimal.

Very true. Just wondering if the pre nups work both ways? What happens if the man does not have much of an income and the woman does. Who pays whom in such a case?
373577 thumbnail
Posted: 11 years ago
#8

Originally posted by: Summer3

Marriages between two unknowns should have a prenup, but make sure you compensate the poor lady adequately.

Poor lady in what sense summerbhai 😆 What if she is the one who wants out? What would be adequate ? From what I understand the terms of settlement would be mutually agreed upon.

373577 thumbnail
Posted: 11 years ago
#9

Originally posted by: twila

I'm guessing that couple's are unsure whether their marriage will last when they form a prenup. If they're really in love then I doubt there's a need of it.

They may be in love today and out tomorrow, what then ? 😛 It does not take much time for a couple to turn into bitter enemies. It would be better to take precaution.
This stuff is mostly in the west, isn't it? Muslim and Hindu marriages hardly ever have pre-nuptial agreements because most of the marriages are arranged.
How would arranged marriage be a guarantee for marriages to work? They can fall apart just as love marriages. Pre nups may come in handy to avoid long battles.
The government should make a law in such countries which states that prenup's are a necessity in case of arranged marriages and that both individuals have equal distributions from the marriage.
Yes its time they did that and stop hoping for till death do us apart (can have gruesome endings ) or in case of Hindus till seven janams 😲 As if once wasnt enough 😆

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