Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Diego stanga (Self employed)     12 May 2014

Marriage agreement

What is an marriage agreement, what are the types of marriage agreement and what conditions can be put in it. Can a Male protect his property and be safe from giving maintenance to his wife by putting certain condition in a marriage agreement if she files for a divorce in the court.



Learning

 4 Replies

Mahesh R. Sonawane (Lawyer/Fight for justice)     12 May 2014

Format of marriage agreement.....sample....you can change what you want....

________________________________________, hereinafter referred to as Prospective Husband, and
_______________________________________, hereinafter referred to as Prospective Wife, hereby agree on this _____
day of ________________, in the year ______, as follows:
1. Prospective Husband and Prospective Wife contemplate marriage in the near future and wish to establish their
respective rights and responsibilities regarding each other’s income and property and the income and property that
may be acquired, either separately or together, dur ing the marriage.
2. Prospective Husband and Prospective Wife have made a full and complete disclosure to each other of all of their
financial assets and liabilities, as more fully set for th in the accompanying Financial Statements, attached hereto as
Exhibits A and B.
3. Except as otherwise provided below, Prospective Husband and Prospective Wife waive the following rights:
1. To share in each other’s estates upon their death.
2. To spousal maintenance, both temporar y and permanent.
3. To share in the increase in value during the marriage of the separate property of the parties.
4. To share in the pension, profit sharing, or other retirement accounts of the other.
5. To the division of the separate property of the parties, whether currently held or hereafter acquired.
6. To any claims based on the period of cohabitation of the parties.
7. [SET FORTH RELEVANT EXCEPTIONS HERE.]
8. [ADDITIONAL PROVISIONS HERE. These can range from prescribing that the children will be raised in a particular
religion to allocating household chores between the parties.]
9. Both Prospective Husband and Prospective Wife are represented by separate and independent legal counsel of their
own choosing.
10. Both Prospective Husband and Prospective Wife have separate income and assets to independently provide for their
own respective financial needs.
11. This agreement constitutes the entire agreement of the parties and may be modified only in a writing executed by
both Prospective Husband and Prospective Wife.
12. In the event it is determined that a provision of this agreement is invalid because it is contrar y to applicable law, that
provision is deemed separable from the rest of the agreement, such that the remainder of the agreement remains
valid and enforceable.
13. This agreement is made in accordance with the laws of the state of _________________, and any dispute regarding
its enforcement will be resolved by reference to the laws of that state.
14. This agreement will take effect immediately upon the solemnization of the parties’ marriage.
I HAVE READ THE ABOVE AGREEMENT, I HAVE TAKEN TIME TO CONSIDER ITS IMPLICATIONS, I FULLY UNDERSTAND
ITS CONTENTS, I AGREE TO ITS TERMS, AND I VOLUNTARILY SUBMIT TO ITS EXECUTION.
_______________________________
Prospective Husband

Prospective Wife














































 

________________________________________, hereinafter referred to as Prospective Husband, and _______________________________________, hereinafter referred to as Prospective Wife, hereby agree on this _____ day of ________________, in the year ______, as follows: - See more at: https://family.findlaw.com/marriage/sample-premarital-prenuptial-agreement.html#sthash.Trdm8E8P.dpuf

________________________________________, hereinafter referred to as Prospective Husband, and _______________________________________, hereinafter referred to as Prospective Wife, hereby agree on this _____ day of ________________, in the year ______, as follows:

  1. Prospective Husband and Prospective Wife contemplate marriage in the near future and wish to establish their respective rights and responsibilities regarding each other's income and property and the income and property that may be acquired, either separately or together, during the marriage.
  2. Prospective Husband and Prospective Wife have made a full and complete disclosure to each other of all of their financial assets and liabilities, as more fully set forth in the accompanying Financial Statements, attached hereto as Exhibits A and B.
  3. Except as otherwise provided below, Prospective Husband and Prospective Wife waive the following rights:
    1. To share in each other's estates upon their death.
    2. To spousal maintenance, both temporary and permanent.
    3. To share in the increase in value during the marriage of the separate property of the parties.
    4. To share in the pension, profit sharing, or other retirement accounts of the other.
    5. To the division of the separate property of the parties, whether currently held or hereafter acquired.
    6. To any claims based on the period of cohabitation of the parties.
  4. [SET FORTH RELEVANT EXCEPTIONS HERE.]
  5. [ADDITIONAL PROVISIONS HERE. These can range from prescribing that the children will be raised in a particular religion to allocating household chores between the parties.]
  6. Both Prospective Husband and Prospective Wife are represented by separate and independent legal counsel of their own choosing.
  7. Both Prospective Husband and Prospective Wife have separate income and assets to independently provide for their own respective financial needs.
  8. This agreement constitutes the entire agreement of the parties and may be modified only in a writing executed by both Prospective Husband and Prospective Wife.
  9. In the event it is determined that a provision of this agreement is invalid because it is contrary to applicable law, that provision is deemed separable from the rest of the agreement, such that the remainder of the agreement remains valid and enforceable.
  10. This agreement is made in accordance with the laws of the state of _________________, and any dispute regarding its enforcement will be resolved by reference to the laws of that state.
  11. This agreement will take effect immediately upon the solemnization of the parties' marriage.

I HAVE READ THE ABOVE AGREEMENT, I HAVE TAKEN TIME TO CONSIDER ITS IMPLICATIONS, I FULLY UNDERSTAND ITS CONTENTS, I AGREE TO ITS TERMS, AND I VOLUNTARILY SUBMIT TO ITS EXECUTION.

_______________________________
Prospective Husband ______________________________
Prospective Wife - See more at: https://family.findlaw.com/marriage/sample-premarital-prenuptial-agreement.html#sthash.Trdm8E8P.dpuf

T. Kalaiselvan, Advocate (Advocate)     12 May 2014

Can a Male protect his property and be safe from giving maintenance to his wife by putting certain condition in a marriage agreement if she files for a divorce in the court.

A condition put in the agreement this way as stated above will pave way for termination of agreement and marriage before it took place, moreover there can be no such pre-condition for mariage.

Gautam Kapoor (IT professional Studying Law)     13 May 2014

These agreements are void in India and will serve no safegaurd should the aggrieved put any continuing type of cases/allegations on you.They will rather add more fuel to the fire saying that the torture started immediately after the agreement was signed and the aggrieved was put to severe hardships due to her signing the contract in good faith.That is law.Ultimately it will end up on the wall as a framed showpiece.

Moral of the story is do not go with a predetermined mind set that these things will happen to you...it could or it may not.


(Guest)
These kind of aggrements are not valid in India...and it will not help u in any way if dispute rises on a later date between u and ur wife thanks sunishchai sachar 9711259959

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register