Brother getting married – Need advice

Community Forums Legal Advice India Brother getting married – Need advice

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    • #14709 Reply
      Umeshbear872
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        Umeshbear872
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        April 15, 2025 at 2:59 am
        So, my cousin brother is getting married in December. Me and my cousin brother are close so he shares everything and it’s the other way around too.

        It’s an arranged marriage setup and due to all the cases around nowadays, he asked his fiancΓ© if it was okay to make a contact stating the alimony rules. So, if anything happens with her, there will be no or.minimal alimony but if my brother messes up then the alimony is to be paid in full and more such situations included in that contract.

        My question is, is that contract legally bound if both parties have signed? In the future will it hold credibility in the court? Will it be considered in the case of a divorce? If yes, is this a way out of alimony and such cases?

      • #14716 Reply
        Mightytiger717
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          M
          Mightytiger717
          PARTICIPANT
          April 15, 2025 at 3:08 am
          NAL, but prenups are not binding in India except if you get married in Goa.

          • #14722 Reply
            Umeshbear872
            Participant
              U
              Umeshbear872
              OP
              April 15, 2025 at 3:19 am
              Okay, just a follow up question. Should I advice him to get married in Goa with the prenup signed? If yes, would Goa court help getting the marriage liquidated cause of prenup as it’s not binding in India?

              Also, what is NAL? Thoda bouncer gaya πŸ˜… It means non applicable kya?

              Thank you for your response!

              • #14725 Reply
                Alphayashoda245
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                  Alphayashoda245
                  PARTICIPANT
                  April 15, 2025 at 3:26 am
                  NAL – Not a lawyer

                  • #14728 Reply
                    Umeshbear872
                    Participant
                      U
                      Umeshbear872
                      OP
                      April 15, 2025 at 3:48 am
                      Okay, thanks buddy

                  • #14724 Reply
                    Mightytiger717
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                      Mightytiger717
                      PARTICIPANT
                      April 15, 2025 at 5:28 am
                      I think your best bet would be to write all your assets under your mother’s name before getting married. I think for the Goa part, a lawyer here would be able to help you

                      • #14727 Reply
                        Umeshbear872
                        Participant
                          U
                          Umeshbear872
                          OP
                          April 15, 2025 at 7:47 am
                          Okay, thank you!

                        • #14726 Reply
                          Epicpoonam832
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                            E
                            Epicpoonam832
                            PARTICIPANT
                            April 15, 2025 at 9:54 am
                            Transferring assets is not helpful, the court accounts for income, usually asks for ITRs of previous years, can also consider bank statements, lifestyle, etc.

                            • #14729 Reply
                              Mightytiger717
                              Participant
                                M
                                Mightytiger717
                                PARTICIPANT
                                April 15, 2025 at 10:05 am
                                Then us men are truly screwed.

                                • #14730 Reply
                                  Epicpoonam832
                                  Participant
                                    E
                                    Epicpoonam832
                                    PARTICIPANT
                                    April 15, 2025 at 10:37 am
                                    Yeah, if your partner is like that.

                          • #14721 Reply
                            Vanshninja265
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                              V
                              Vanshninja265
                              PARTICIPANT
                              April 16, 2025 at 4:46 pm
                              Just out of curiosity, when you mention that pre-nups are valid for wedding in Goa, is this for anyone who gets married in Goa, or only those who live in Goa?

                              I know so many people heading for destination weddings in Goa, is this the reason?

                              • #14723 Reply
                                Mightytiger717
                                Participant
                                  M
                                  Mightytiger717
                                  PARTICIPANT
                                  April 16, 2025 at 4:47 pm
                                  I think for people who get married in goa

                            • #14715 Reply
                              Kirtininja978
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                                K
                                Kirtininja978
                                PARTICIPANT
                                April 15, 2025 at 3:15 am
                                Prenups are not valid in India.
                                10-15 saal bahot sare log paisa kamayenge dono side se wo unka dhandha kaise chalega?

                                • #14720 Reply
                                  Umeshbear872
                                  Participant
                                    U
                                    Umeshbear872
                                    OP
                                    April 15, 2025 at 3:21 am
                                    Okay. So, the customized contract is of no use in the future?

                                • #14714 Reply
                                  Pramodhawk102
                                  Participant
                                    P
                                    Pramodhawk102
                                    PARTICIPANT
                                    April 15, 2025 at 3:51 am
                                    Prenup is not valid in India. It can always be challenged if the kids are involved. Tbh prenups are realy rock solid.
                                    What needs to happen is take no dowry, and maybe hold on to kids (divorce gets messy once they are invovled) for a few years. It’s not just the partner that matters now, their side of family too, and sometimes past has a way of resurfacing. It is really has turned a bit scary but walk in with some optimism and hope for the best. Good luck ☘️

                                  • #14713 Reply
                                    Primepayal6355
                                    Participant
                                      P
                                      Primepayal6355
                                      PARTICIPANT
                                      April 15, 2025 at 4:21 am
                                      It’s not legally valid. And why would any girl will sign up for such marriage. She will go through the child rearing process for this man, she is the life partner, Whats about her safety security?

                                      What if your so called brother wants divorce after 5 years of marriage because the wife got fat after child delivery? It’s a common theme in USA. What will happen to her then?

                                      • #14719 Reply
                                        Umeshbear872
                                        Participant
                                          U
                                          Umeshbear872
                                          OP
                                          April 15, 2025 at 7:46 am
                                          It stated in that contract, after careful consideration of the situation, alimony to be provided or not will be decided mutually. She is ready to sign the contract is what I got to know from bhaiya.

                                      • #14712 Reply
                                        Propanda7415
                                        Participant
                                          P
                                          Propanda7415
                                          PARTICIPANT
                                          April 15, 2025 at 4:39 am
                                          TBH this marriage is already screwed up.

                                          • #14718 Reply
                                            Umeshbear872
                                            Participant
                                              U
                                              Umeshbear872
                                              OP
                                              April 15, 2025 at 7:47 am
                                              Idk, maybe bhaiya is saving his ass if he can from all these fake cases and bhabhi is also ready to sign which kinda built up his trust more on her.

                                          • #14711 Reply
                                            Indianshivansh3984
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                                              I
                                              Indianshivansh3984
                                              PARTICIPANT
                                              April 15, 2025 at 7:07 am
                                              Prenuptial agreements are not valid in India. Any such agreements made will be overruled by the applicable law of the land, and they would be held invalid.

                                              Even the Goan prenups are not ironclad, and it is a headache to implement them within the state; good luck even trying to do so outside of Goa.

                                              • #14717 Reply
                                                Umeshbear872
                                                Participant
                                                  U
                                                  Umeshbear872
                                                  OP
                                                  April 15, 2025 at 7:48 am
                                                  Understood sir. I’ll cinvey the same. Thank you!

                                              • #14710 Reply
                                                Mightysmriti3638
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                                                  M
                                                  Mightysmriti3638
                                                  PARTICIPANT
                                                  April 15, 2025 at 8:07 am
                                                  Prenups are not valid, but if the girl files fake rape cases against your whole family to maximize her alimony – in that case a post-wedding declaration that no dowry was exchanged IS IN FACT ACCEPTED BY HIGH COURTS.

                                                  Indian girls love to file fake rape cases to get maximum alimony.

                                                  [https://www.maitreyi.ac.in/uploads/research/Samvedna/issues/vol6/issue2/Eng/E3.pdf](https://www.maitreyi.ac.in/uploads/research/Samvedna/issues/vol6/issue2/Eng/E3.pdf)

                                                  [https://economictimes.indiatimes.com/wealth/save/husband-gets-relief-in-supreme-court-wife-filed-false-cases-of-domestic-violence-and-cruelty-to-force-husband-to-agree-for-divorce/articleshow/117602778.cms?from=mdr](https://economictimes.indiatimes.com/wealth/save/husband-gets-relief-in-supreme-court-wife-filed-false-cases-of-domestic-violence-and-cruelty-to-force-husband-to-agree-for-divorce/articleshow/117602778.cms?from=mdr)

                                                  [https://www.indianfamilylawyers.com/divorce-case/divorce-on-false-allegation](https://www.indianfamilylawyers.com/divorce-case/divorce-on-false-allegation)

                                                  [https://indialegallive.com/magazine/rajasthan-rape-cases-false-rape-cases/](https://indialegallive.com/magazine/rajasthan-rape-cases-false-rape-cases/)

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