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UHappened to read Amish Aggarwal’s “7 Things…” document and I understand what he’s trying to convey. Yet he ends his document with a solution, which is a quasi-prenup before marriage that according to him included:
*I drafted an affidavit, and covered several points, which form the major bone of contention in most disputes. We sat together and discussed how the marriage took place, what gifts were exchanged, the expenses on the ceremonies, the net worth and income of the girl, and many more things.*
My question is: does this help? Aggarwal affirms that such an affidavit will help in the man’s favour if things go south. If prenups are not valid per Indian HMA law, how does such an affidavit help? Is he balling just to get people outside his office?
Any views and advise appreciated. Thanks.
The book on [Scribd for reference](https://www.scribd.com/document/792486531/7-THINGS-MEN-SHOULD-KNOW-BEFORE-GETTING-MARRIED-by-Amish-Aggarwal).
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UIn a bad time, any half decent lawyer will use that agreement as a proof of abuse and duress on the wife that such schemes were played at the time of marriage to keep the wife’s mouth shut, and only because of such design, the wife was subjected to silence for a decade or more.
Advices like these are exactly the kind of shit, anyone with a half functioning brain will wipe on a lot of IG lawyers.
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UYeah well then any contract can be claimed to be signed under duress, so will the courts void all of them?
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UIt’s complicated. Affidavits declaring income, education, gifts and marriage expenses will be held up in court if both sides are educated, or of similar socio economic backgrounds or had legal representation at the time of signing them. Otherwise, it can be ignored.
Even prenups are worth it nowadays, even though they aren’t legally binding. There has been a trend of judges accepting prenups for couples who married under the special marriage act, as the SMA does not treat marriage as a religious sacrament. The “prenups” are essentially a combination of MoUs and affidavits discussing various things that were signed with independent legal representation by both parties.
Judges often force couples to “settle”, because the courts are clogged with a million pending civil disputes. The “settlement” usually screws over men due to the biased nature of our laws. I know men who came out of ugly divorces with only tiny scratches, because they had good lawyers and cleverly designed business arrangements or trusts.
If you’re about to get married, then forget the lavish wedding, and spend a few lakhs on lawyers, and encourage the woman to do the same. I guarantee, that things would go relatively smoothly if you separate in the future.
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USo, me and my would-be have decided to create an affidavit but do you think it entails “lakhs” to get it done? I was thinking more of hiring 1 lawyer and getting him to prepare a document that we both would sign. Will that not work? We’re anyway spending less on the wedding overall (we had that hard stop decided way earlier), so we’re not sure of spending anything beyond a few 10ks for this. Am I delusional to think I can get this done in that range?
What’s the best course for someone who’s never dealt with a lawyer before?
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UIt could backfire. I strongly suggest getting two independent lawyers for each of you, and also go for second opinions. The lawyer will tell you which documents have to be notarised and which ones require supporting documents to be legally binding. For example, the affidavit declaring income should go with bank and salary statements as disclosure etc.
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UHow can I choose HMA vs SMA? We’re tying the knot at a temple and the temple authorities will ask us to fill a form, which will take care of the certificate requirements. I’m assuming SMA has to take place in a registrar’s office?
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UOh shit no!! Don’t fill out temple forms and sign it, then your marriage will fall under the HMA, which is practically modern day slavery for men.
SMA requires giving a notice to the registrar and waiting for 30 days to finalise the marriage.
Avoid temples or any Hindu ceremonies at all costs.
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UIn a recent podcast he claimed som 30-35 clients got this quasi prenup made, and so far none of those clients have had issues with wife.
The way I see it. Can it stop your wife from filing false cases against you? No. Cases like DV, USx can still be filed and will need to be fought. I believe these documents help frame the setup of the marriage the gifts, the social economic position of the partners (which becomes a major basis on how much maintenance will be given) income of the wife (which they usually don’t disclose later on) etc. These initial facts when in place, if the wife starts saying a different story, will start poking holes in her story.
In theory, it can also nudge the scammers to reject the marriage prospect when asked to sign such documents, because it will then make it harder for them to do the scam.
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