Belagavi: Family has and is the most important thing in the world. It’s the foundation on which our society, our culture and countries have developed. It’s the marriage that helps one start a family. Marriage from the very beginning of the society/community was always about a set of rights, duties, privileges and responsibilities of the husband and wife. Every person and every religion has its own interpretation of marriage.
With the rise of nuclear families and lack of involvement from the intermediate relatives, friends or well-wishers (who once helped make and stabilize the marriage) making the marriage unstable, less transparent and unclear. Adding to that the unrealistic high expectations, less tolerance, higher education has given rise in fear and lies, giving rise to divorce/separation rate. Marriage now started to become more of a gamble. Neither society nor are lawmakers able to sort the uncertainties, fears that are slipping into the marriage. As society has advanced the Indian marriages has gone through various changes. Even values attached to marriage have changed tremendously. Individuals now are selecting their mates according to their own requirements. The institution of marriage and marriage act then defined was required regular amendments which never happened to make a void in the present system. Now the PrenupShaadi.com aims to start platform and fill that void for Prenups.
A prenuptial agreement (prenup) is a contract signed by both parties before getting married. The concept/process involved in prenup marriages could open doors to the many topics; those were not discussed before making them more responsible towards their life (or say themselves first), alliance matchmaking could bring more transparency, clarity while making them aware about the future expected duties and responsibilities. Prenups help to have more realistic expectations as there is another person with their expectations too, it also helps understand better how much the other person is serious or involved the person about the marriage. The prenups expects both to be educated about the marriage laws and procedures available and clauses written and also expects both to have financial knowledge as prenups are written the future in mind, which might clear most of their doubts and insecurities, which in turn might reduce uncertainties, stress, inconsistencies, and might also reduce the divorce rate. For some prenups would be as an assurance policy in the marriage or their married life. As prenups expect both to be honest and with honesty comes trust and with trust comes to love, thus might reduce conflicts, surprises during the marriage and post-divorce.
Advantages of Prenups though some are mentioned below
It provides for full disclosure of the financial status of both spouses and prevents most the possibility of marital frauds.
It removes ambiguity and pre-determines the quantum of maintenance and/or alimony to the wife and children at the time of separation or dissolution of marriage and also provides for the predetermined distribution of assets safeguarding their future after divorce.
The couple is saved from facing embarrassing situations in court proceedings from bitter negotiations and harassment that go into sorting out financial matters, post breakdown or say it simplifies the process of separation
It provides for pre-negotiated joint custody, shared parenting and visitation rights, and every
right of the child, including support and visitation at the time of separation or dissolution of marriage thus securing and protecting the child’s future even if the couple decides to go for divorce or mutual separation.
As said advantages for both, marrying NRI or non-Indian, inside or outside the country, it helps protect both male and female on various grounds.
Prenups if properly drafted opens doors to postnuptial agreements the spouses may voluntarily wish to enter for those adequate guidelines must be properly defined.
Prenups open doors for education about marriage in terms of legalities, which was not available earlier.
Prenup protects both the parties from each other’s debts. Both the parties are financially secured even in situations wherein either of the spouses passes away.
The agreement prevents the business from getting divided.
The prenups can have default clause of no dowry either giving/offering or taking/asking thus reducing dowry cases. It also provides protection to a husband against false prosecutions or allegations by the wife.
Prenups could help solve minor or major problems of property disputes, maintenances cases, dowry cases, child custody or visitation cases that run for years together. In some cases, prenups may not entirely solve the cases but sure might aid the courts to know the intentions of the contesting parties making it easier to take a conclusion. Thus might save time and money involved in the court cases, stress over the years roaming around the courts, this also might reduce the burden on the courts if the prenups are in hand. India right now needs the platform for prenups.
Under the Goa civil code marriage is a contract between two persons. The Goan law allows prenups thus a couple may enter into a prenuptial agreement before marriage is solemnized, but either lack of knowledge or due to lack of platform such as PrenupShaadi.com, the marriages are solemnized through traditional ways and there are hardly a few prenups before marriage.
Prenupshaadi.com is a matrimonial service website that endorses prenup before marriage, is an initiative by the members who are vocal about the reforms in the marriage act and judiciary in India. The members have been into counselling for a decade now. We aim to reduce the stress, uncertainties, surprises, and lies before and after the marriage and even in case of eventualities like divorce, separation or death by providing prenups, postnups and cohabitation agreements, and also provide pre-post-marital counselling and educate/guidance about legal and financial guidance required for the prenups on various platforms like blogs, media, books or videos.
So request all members who intend to have a prenup before marriage to register on the website and avail the membership or call us 8970366845 for enquiry.
NOTE: Prenups are as MoU within the present legal framework, except in the state of Goa.