Of course, there are many other reasons why one or both of you want a marital agreement. If you are not sure that this approach is the right one for you, talk to one of our experienced lawyers for marital agreements that can guide you in the pros and cons of marriage contracts. Raising the issue of premarital agreement should not be a terrifying subject. Couples who are about to marry should not regard marital agreements as inherently hostile or controversial. These agreements may have value for both parties. By entering into a marriage pact, a couple will have shown a high level of commitment and discussed the topics essential to the success of any marriage. There are several reasons why a party (or even both parties) wish to sign a valid marriage agreement before getting married. In general, prenups protect assets that might otherwise be subject to matrimonial law. In particular, these documents can be used for: A marriage pact can also limit liability and protect one partner from potential creditors of the other partner. [ix] In India, marital agreements are very rare and have no laws in force.
However, in the face of rising divorce rates, there is a growing interest in them. Some legal experts believe that prenups have no legal sanctity in India. However, in some cases, usually among wealthy citizens, a form of contract is signed. But agreements must be reasonable and not violate existing laws, such as the Hindu Marriage Act. Indian courts allow for the signing of a settlement protocol during divorces. But no court has yet been asked to impose a prenup.  In England and Wales, pretentious agreements had historically not been considered legally enforceable because of a reluctance of justice for public policy reasons. A third advantage is that a valid marriage agreement puts the decision on the allocation of property in the hands of the couple and the court. [x] If the parties divorce without a marital agreement, the laws of the state in which they live will control the division of property. Normally, a judge or jury will determine the award of ownership without too much input from the parties on how their property is distributed.