- This topic has 25 replies, 18 voices, and was last updated 1 year, 4 months ago by
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MYou can make certain types of prenups in India too.
Saw a podcast on YouTube regarding it too.But anything contrary to the law will be void.
Like you can not make an agreement that your wife will not ask for maintenance.
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Cwould be great to add clauses to eliminate alimony and maintenance in case of adultery and predetermine the division of assets which don’t include assets before marriage
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MThere have been some cases where courts have denied maintenance in cases of proved adultery. But I don’t think there is any case which separates assets before and after marriage.
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Cyep that is the need for prenups. one alternative could be just putting everything in a trust before marrying
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UThat option doesn’t apply to 99.99% of Indians as –
1) You need the net worth of hundreds of crores to even consider that option.
2) Money once put in trust can never be returned to your bank a/c.A lot of caveats apply there otherwise everyone would do that.
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SYes let it be the norm, if she loves you she will sign it , if she loves your property she won’t
I don’t see what disadvantage a woman will get from prenups
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EI agree with the second part of your statement. But the first part is factually incorrect.
In a prenup both parties have their lawyers draw an agreement and a judge usually has a look at it making sure it’s fair for both the parties.
Prenups can be voided in certain cases as well. For eg. There might be a case where the woman is earning more but hiding her earnings from her betrothed or vice versa. In those cases, the prenup will be null and void in case of a divorce since the assets were not declared in the prenup.
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UPersonal laws like marriage, divorce, adoption and succession etc are based on persons religion and culture. Therefore, since the majority of the Indian population is hindu.. hindu laws are applicable to people. Therefore, since the prenup concept is not in Hindu culture.. it is not included in indian laws. And they can never be included in Hindu laws.
Even if two people execute a prenup agreement, they cannot be executed in court, therefore it doesn’t make any sense to execute the prenup document either.
What you can do to avoid maintenance ?
As per my experience, mutual divorce by giving a reasonable amount to spouse and taking 50% care of children.-
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UThere are many ways other than prenup in which men can save their assets from alimony and maintenance to wife…child maintenance is something we have to and we should pay!
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UAgreed about child support. And about buying properties on your mother’s/ father’s name sounds good while talking and it is suggested by people who have no knowledge about law and court proceedings. Good and experienced advocate can always present such facts about ownership of property and funds for buying that property before the court to obtain favorable maintenance order.
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UAs per i know maintenance is granted based on current income of both spouses..yes there is risk of sharing property to siblings in case of buying property in mother/father case thats why many advocate don’t recommend but I still prefer to share property with siblings than stranger..
While if I buy property on my self still wife can’t have direct right on it but maintenance amount can be increased because of it..so it’s advisable to not buy all your assets on your name..an lawyer told me this
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Uhttps://www.hindustantimes.com/cities/delhi-news/time-to-make-pre-nuptial-agreements-mandatory-delhi-court-101698824421039.html.
Hope this answers the question, but the issue is it’s in the hands of the government not courts, and we all know the government won’t do anything because of political reasons.
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SI don’t think prenup will stop false cases. As you can not put in contract that incase of domestic violence, she will not get anything even if she is the victim. She can always file cases against the guy and will have to pay for mental /physical torture. It’s not all girl or boy but a bad person will always find a way to exploit the situation.
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UThere are disadvantages and it does open ways for some vile men to exploit women –
They can marry a woman and have her sign the agreement without understanding its consequences, have fun with her for a while then divorce her without having any responsibility towards her. A lot of women may sign the agreements without realizing what they are, maybe because they’re blinded in love, maybe because they’re uneducated or from a rural background, a myriad other possibilities.
Remember the fact that a woman once married, no matter how young she is, faces a lot of flak in our society once she gets labelled as a divorcee. If a young girl’s husband divorces her just like that without a shred of responsibility all because she signed some agreement, and she isn’t earning anything (because she’s from rural background), she might end up on the streets or dead.
Please do not forget that a vast majority of married ladies are housewives relying 100% on their husbands for the finances and house running.
This isn’t America where every girl is educated and graduated, knows her best interests and has seen the world before settling down for marriage. So many Indian girls are married off at much younger ages by their parents because they think the girls will get tainted if left unmarried for too long! (I’m speaking from at least 2 cases in my family itself where this happened, both cousin sisters got married together.. younger masi ki beti married off when parents found older sister with a bf and got scared)
Our community is different, our requirements are different. See the other side of the coin too. There will always be some side getting exploited, no matter what laws are.
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USo you think husband will not divorce or leave women if there’s no prenup? Those men who wanna leave their wife will leave no matter even if you put death sentence on them , alimony is been there since century in whole world still you see divorce day by day.. love is not something you can get by force or law..whats the point of living in marriage if husband don’t love her.. also it’s her father responsibility to educate her and take care of her finances.. husband is and should only responsible for child maintenance… you don’t see many women using law to earn easy money from their husband?it’s 2025 men are aware no genz kid will ever marry without fixing his financial assets…it’s been now taught everywhere how to fix your assets..and those women who don’t marry men for his money should have no problem with it..it’s only some insecure women who have zero confidence on herself!
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