You may consider obtaining a marriage pact if: a) there is an international aspect of your relationship, (b) it is not your first marriage or you have a child from a previous relationship, or (c) you own significant assets that you acquired before your relationship and that you wish to preserve. Until about five years ago, such agreements were almost scandalous in India, but now on the rise, especially among the most prosperous classes. This change could be attributed to an increasing number of divorces in the country. In India, however, marital agreements are neither legal nor valid, as marriage is not considered a contract in most beliefs. It is a religious connection between man and woman, and marital agreements must make the contract valid under the Indian Contract Act of 1872. However, in some religions, marriage is considered a contract and, therefore, the applicable laws are different and must be treated appropriately. “Pre-marriage contracts are contracts and are generally enforced,” says Andrew Winters, a divorce lawyer with new Hampshire law firm Cohen and Winters. “However, because of their sensitivity, they are under scrutiny to ensure that the agreement was truly voluntary and did not contain unfair or illegal provisions.” Winters says the specific requirements for applicability vary considerably from state to state. But a common requirement is that a lawyer be hired by each party. “It is also reprehensible that the agreement was reached just before the wedding,” he added. When it comes to financial incentives to get a prenup, some couples think they don`t have enough assets to need such an agreement. Because if there is nothing to argue about in the event of a divorce, why would a prenup be necessary? But it is a short-sighted thought. The agreement should clearly describe the distribution of assets, financial assets, liabilities and the division of personal property and be authenticated by independent counsel for each party.
In addition, it should be duly recognized by both parties. While everyone hopes that marriage union is a life support, the cold reality is that even in India, the level of divorce has increased. In the United States, according to the Centers for Disease Control and Prevention, more than half of marriages end in divorce, according to 2012 statistics. It is estimated that the divorce rate in India was only 1 in 1000 per decade, but it is now 13 per 1,000, still low but constantly increasing. To protect against an inappropriate invasion of property ownership, a marital agreement is necessary. But in India, they are considered taboo and are not the subject of open debate.