A prenuptial agreement, also known as a premarital agreement or simply a `prenup`, is often considered a taboo topic in India. However, with the increasing rate of divorces and separations, prenuptial agreements are gaining popularity among couples who want to safeguard their individual assets and ensure a smooth separation in the future.
In India, the legal provisions for prenuptial agreements are laid down under the Indian Contract Act, 1872, which recognises the freedom of individuals to have a contract about any lawful object. However, there are certain legal aspects that are specific to prenuptial agreements in India, especially when it comes to Hindi-speaking regions.
If you are planning to get married in India and want to draft a prenuptial agreement in Hindi, here are some key things to keep in mind:
1. The agreement should be in writing and signed by both parties.
2. The agreement should be executed before the marriage takes place.
3. The agreement should be fair and reasonable to both parties.
4. The agreement should clearly define the assets and liabilities of each party, and how they will be divided in case of separation.
5. The agreement should be notarised by a public notary to make it legally binding.
It is also important to note that prenuptial agreements cannot override any Indian laws that protect the rights of women and children, such as the Domestic Violence Act, 2005 and the Hindu Minority and Guardianship Act, 1956.
Additionally, prenuptial agreements are not just for the rich and famous. Any couple, regardless of their financial status, can benefit from having a prenuptial agreement in place. It can help avoid lengthy and costly legal battles in the future and give both parties peace of mind.
Overall, drafting a prenuptial agreement in India is a wise decision for couples who want to ensure a smooth and amicable separation in the future. With the help of a lawyer and a public notary, couples can draft a fair and legally binding agreement that protects their individual assets and interests.