Pre-nuptial agreement
Rohan
(Querist) 27 September 2012
This query is : Resolved
Hi, I want to know more information on pre nuptial agreement. I have come to understand that it needs both parties, the boy and girl, to declare their assets and liabilities. For declaring any liability, does it need proof? My friend has borrowed money from his brother many times for his education and other needs before he was 21 years (around 10 lakhs). There is no proof of that (no cheques or bank transfers) but my friends intends to repay all the money back once he starts earning. He is getting married even before he starts earning.
Questions -
1. Can he declare this liability in pre-nuptial agreement so that wife is aware he will use the money he earns to pay back ?
2. If he does not declare it or does not create a pre-nuptial agreement, can wife stop him from paying back claiming that it is both peoples money so he cant spend it ?
V R SHROFF
(Expert) 27 September 2012
"He is getting married even before he starts earning"
With 10L of loan, he want to marry first, and earn afterwards
why??
to increase his burden of loan ""
advise your friend property to act wisely.
Rohan
(Querist) 27 September 2012
Yes they have tried. But girls parents are not allowing to wait. It is intercaste marriage so girls parents are not ready to wait. They are threatening to do false police cases if boy dont agree. Although marriage will happen now, he will first finish his studies before they stay together. That's why he wants to know if he makes an agreement, will it help him later. But he has no proof since money was from brother. Somehow he wants to make sure wife does not create problems to pay that will spoil the relationship with brother. Is there any other way to pay later without hassle? Any affidavit etc that he can make before or after marriage stating that?
Guest
(Expert) 27 September 2012
Assets and liabilities have to be declared in the Pre-nuptial agreement and also documentary evidences need be attached along with the agreement for the satisfaction of each party. If there is no proof, no question arises for consideration of asset or liability. However, if the girl readily agrees on the liability of boy for payment of the stated amount of Rs.10 lakhs to his brother without any documentary proof, that can help. So, you will have to check with the girl, if she agrees to that proposal or not. If not, your friend should forget either about marriage with that girl or about such liability and good relations with his brother.
Of course, there is an alternative to create the stated liability. Your friend should enter in to an agreement with his brother on a stamp paper or make a promisory note to agree on such debt liability and the mode and period of repayment of such a debt. He can also issue post dated cheques in the name of his brother. But before doing so, beware of the seriousness of consequences of non fulfillment of such agreement or clearance of PDCs on due dates in future and he becomes a defaulter.
As regards your supplementary post, if the parents of the girl are so exerting in nature and are expected to use blackmailing tactics to launch a false police case, the question arises, what is the surety that the life of the boy and his family members would not be made hell by such type of actions even on petty matters after materialisation of the marriage?
Shashikant V. Patil
(Expert) 27 September 2012
Our Ld. Dhingraji is well advised of your problem.
Rajeev Kumar
(Expert) 27 September 2012
Nothing more left to add. Our ld. Dhingra sir has well advised you.
R.K Nanda
(Expert) 27 September 2012
no more to add.
Rohan
(Querist) 28 September 2012
Thank you very much Dhingra ji. You are right, the future does not look bright, it is very unfortunate for the boy. But the circumstances are such that they are not able to pull out of marriage. Thats why want to be prepared so that they can try and avoid as many issues as possible for future. Explaining the wife is very difficult, almost impossible.
That's why I wanted to know, if the money is earned by the boy in future, will she have legal rights to stop him from using it over parents? He will make sure she has the necessary money to live properly.
Guest
(Expert) 28 September 2012
Dear Shashikant ji,
Thanks for your compliments.
Guest
(Expert) 28 September 2012
Dear Rajeev ji,
Thanks to you also for your compliments.
Guest
(Expert) 28 September 2012
Dear Client,
You are welcome.
Raj Kumar Makkad
(Expert) 30 September 2012
The trust is the base of any married life so you should be very much clear from the day of such agreement and should declare all liabilities as are existing on the day.
