Prenups may be part of Indian law soon
New Delhi: The concept of a prenup or prenuptial agreement could become a reality if the Women and Child Development Ministry is convinced with the recommendations given by legal experts.
The ministry is expected to hold consultations with various legal experts on the subject and if satisfied may introduce it in the divorce laws of the country.
The prenup agreement will help both men and women. Women think several times before walking out of a bad marriage as they are not sure of their rights or what they could claim. The men on the other hand would have a shield against unreasonable claims that many women make these days.
A prenuptial agreement is a written contract created by two people before they are married. A prenup typically lists all of the property each person owns (as well as any debts) and specifies what each person's property rights will be after the marriage.
The Women and Child Development ministry which is headed by Maneka Gandhi will hold discussions on the feasibility of introducing prenups in India. Currently the system is present in the West and most couple enter into a prenup before marriage.
In India divorce cases are normally painful for various reasons. They tend to drag on for years together in the absence of a concrete agreement. Claims and counter claims have been the bane of the Indian divorce system and this has led to cases dragging on for years together causing trauma both for the man and the woman.
If the prenup system comes to India then couple could opt for it before marriage. They could define the properties that they own and in the event of the marriage breaking up, there would be no confusion.
Today the court can reject such an agreement as the Indian law does not recognize the same. The ministry is making efforts to make this part of the Indian law and the consultations to be held in the next couple of weeks would determine if India would have the concept of prenup or not