Is prenuptial contract future of India?


In a traditional country like India, prenuptial contract is unheard of. But the scenario is fast changing, it’s not just the west that is seeing more and more couples signing a prenuptial contract. In India as well, affluent couples are taking the decision to enter into a prenup before tying the knot. Such a contract ensure there will be no dispute on division of assets, suppose the couple decide to part ways and file for a divorce.

Is prenuptial contract future of India

Today’s youth is strong-minded and financially independent. Gone are the days when the wife had to rely on a husband for finances. In today’s times, women are working independently and are achievers in their domain. They have found the voice to enter into an agreement before marriage to secure their future in event of a failed marriage. This seems logical as well, since more couples are parting ways and divorces are no longer uncommon in our society. Therefore, for one’s own interest, it is better to have a prenuptial agreement in place.

What is a prenuptial agreement?

It is a contract between the probable spouses detailing the assets, financial resources and even liabilities held by each. This agreement implies equal division of assets in case they decide to divorce in the future. A prenuptial agreement should include details, such as property, financial assets & liabilities, and division of personal possessions. It is should be notarised by a lawyer for each party. An agreement of this sort has to be fair and both the parties should cordially acknowledge it.

Why it is important?

Suppose your wife is cheating on you and hence, you decide to file for a divorce. Even after knowing that a person is involved in adultery, they court may rule against you and you may have to part with large sums as alimony and also provide child support for a long time. Therefore, such a kind of agreement helps deal with such a situation with less complexity. A draft agreement of such sorts mean everything is already settled and the court know who will get what if divorce is filed.

Pre-matrimonial enquiry is a must

While pre-nuptial agreement safeguards your financial future in case of divorce, a pre-matrimonial enquiry ensures you don’t come across such a situation in future. If you marry the right person knowing his/her complete background, the probability of parting ways in future is less. Background checks from private investigation agencies ensure you know all the facts related to an individual’s financial status, health, family background and so on. Also, while making a prenuptial draft, these facts may help you divide assets equally. Therefore, for all the couples deciding to tie the knot, it is important to get in touch with VIS investigation agency for a pre-matrimonial investigation.

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