- This topic has 22 replies, 15 voices, and was last updated 1 year, 2 months ago by
.
-
Posts
-
-
PSo guys help me out my brother is going to get married in next 2 months, things that are going on in society Legally what all things he could do to safeguard his finances, his mental health. Like if in case of a fallout and spouse threatens to file a fake case of dowry, domestic violence etc.I know in other countries there are provisions of prenup and in india it is not accepted although there are trust funds set up by father and mother for their kids but not exactly viable option.
-
-
LIf you want to safe guard your assets then should’ve opened an off shore trust fund 2-4 years before marriage to make it divorce proof.
-
-
UPrenups are not valid, but get in writing that no dowry was exchanged between the families. Also write the gifts that’re exchanged and who the gifts will be with, and write in the agreement what to do with the gifts in case of a divorce. Essentially you’re removing the dowry harassment out of equation.
Yes prenups are not valid, but this is a contract, and it is valid as per contract law. This will safeguard your family from 498a, and you can deal with it. A majority of high courts are accepting this these days.
As for dv- no. No pre-nup will cover dv.
Good luck.
-
BCouple staying separately after marriage and having their well-discussed rules around both sets of parents visiting, staying over and how much time they spend at each others parents place. That’s going to solve half the problems if done right. If it helps, make a 50-50 rule where one party doesn’t get more rights or responsibilities compared to other.
Make sure your cousins parents have their own place on their own name, not jointly owned with son and if that’s the case, transfer all share of it to parents (and getting back his money). Whatever the couple builds with their own money is theirs and no talks of inheritance or blah blah. Also never a good idea to disclose wealth of parents, whether it’s wife’s side or husband’s side – especially to each other parents. Brings in unnecessary drama of “your in-laws are so miserly when they have this much money”.
Premature disclosure is to be avoided especially if AM. Unfortunately most people just do a word vomit of everything to their spouse in the early days of marriage and if the other person is not mature enough, all these can be weaponized in future. Build trust first, share little by little based on that built trust – after all marriage is supposed to be for life so your spouse doesn’t need to know everything about you in a day.
-
P👍🏻👍🏻 but what about being safe from fake dometic violence case and dowry case i recently heard like both bride and groom write down few clause stating few to no amount of money has been giving by so and so with their whole heartedly permission, etc and get it notarized is this possible and is it legal?
-
-
-
-
-
-
IHey, totally get where you’re coming from. It’s wise of you and your brother to think ahead—not out of mistrust, but just being aware and prepared. Indian laws do lean heavily in favor of protecting women from abuse (which is good), but yes, that can sometimes be misused. Here’s a breakdown of legal and practical steps your brother can take to safeguard himself emotionally, financially, and legally:
**Keep Everything Transparent and Documented**
Gift Deed: Any expensive gift (to either party) from either side should be backed by a gift deed.
Guest lists, payments, bookings: Keep records of payments and contracts (venue, caterers, etc.).
**Financial Safeguards**
Joint or Individual Accounts: Avoid making joint accounts until trust is solid. Keep personal and marital finances separate.
Nomination Updates: Ensure bank accounts, insurance policies, and investments have updated nominee information.
No Large Transfers: Don’t transfer property or large sums of money to the spouse’s name immediately post-marriage.
**Legal Precaution – “Prenup-style” Agreements**
In India, prenups are not legally binding, but:
A Memorandum of Understanding (MoU) or Agreement to Agree can be made, laying down financial arrangements, division of expenses, etc. If it’s fair and reasonable, courts may consider it in case of a dispute.
It must be:
Signed voluntarily
With proper legal language
Witnessed and notarized
This won’t guarantee protection but adds weight to your claims.
Mental Health and Safety Net
Pre-marriage counseling: Can be helpful (and often required by many urban marriage bureaus now).
There is also post-marriage counselling too.
**In Case of False Allegations**
India has seen misuse of:
Section 498A IPC – Dowry harassment
Section 406 IPC – Criminal breach of trust
Domestic Violence Act
Section 125 CrPC – Maintenance
Precautionary steps:
Maintain recorded communication (chats, emails, etc.)
Avoid saying or doing anything that can be misinterpreted
Be respectful and mature in all communication
Avoid heated arguments on texts or calls
If things go south:
File a GD (General Diary) in the local police station about threats of false complaints.
Approach a family court/lawyer for anticipatory bail if things look really bad.
-
-
-
-
PYeah true but think about it marriage is also not – “one man show” what if one of the partner is abusive. Makes not only your life but people you love, their lives a living hell.
-
PAgreed with the sht show world is in ,but plan b will not give you any edge bro , what I meant is unless you understand them fully don’t marry ,also u asked legal advice , there is very to protect men , both being individual contributor financially ,physically and emotionally can alleviate things. But legally very few to help men if it’s there at court
-
-
-
-
-
-
UNAL.
As already mentioned, Prenups are not legally valid. And discussion on this topic with future partner jeopardizes trust.
In terms of personal asset, most people marrying early may not have significant. But family assets are also at risk from the fallout of a bad marriage.
Having a family trust with the core family members prior to marriage can be an option to explore in order to safeguard generational wealth. Please talk to a lawyer to explore this option. -
-
