Prenuptial Agreement Should Be Made Compulsory, Says Delhi Court, A Progressive Move That's Likely To Leave Couples Divided

During a recent divorce hearing, the Delhi court remarked that prenuptial agreements should be made compulsory before marriage to prevent law-induced mental cruelty. The observation came in after Judge Harish Kumar from the Patiala House Court granted a divorce to a couple who had been battling for over seven years.

The couple got married in 2011 and had a daughter. The two refused to get a divorce through mutual consent and instead accused each other of committing cruelty. The court granted a divorce without stating which party was at fault. The court appointed both parents as the legal guardians of their daughter. Since both the parents resided in the same society in Gurugram, the father was granted daily access and weekend overnight access to her daughter. The court further mentioned that both parents will be sharing 50% of the child's expenses.

Judge Harish Kumar underlined the big advantage of having a prenuptial agreement. He shared that a prenup would prevent both parties from mental cruelty due to the legal disputes.

What Is A Prenup Or Prenuptial Agreement?

Also known as a prenup, a prenuptial agreement is a legal contract a couple gets into before tying the knot. The contract clearly states the assets owned, and full financial disclosure by both parties. On signing the agreement, couples exactly know what happens if the marriage doesn't work, what happens in case of divorce, or the death of one of the partners. All the terms of the agreement can be discussed, and negotiated by both parties with assistance from a legal expert.

In case of separation, a prenuptial agreement eases the divorce process since everything is already divided, the assets and debts. The prenup, however, only covers the financial aspect of a marriage.

Common Elements Of Prenuptial Agreement

• Division of debt if any
• Alimony plan (Celebs who made headlines for their divorces and alimony)
• Property division
• Planned marital finances
• Asset division for kids

Prenuptial Agreement: A Progressive Move But Might Leave Couples Divided

Heads over heels in love, when a couple is all set to tie the knot, everything seems bloomy, and those romantic wedding vows leave everyone going 'awwww'. Newlyweds envision their future together, a happy home, family. Unfortunately, the reality is that not every marriage lasts. Over time, marriages encounter multiple challenges and at times the difficulties turn invincible. In many cases, the only way out is parting ways. For a happier life, a lot of couples end up separating.

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Discussing a prenuptial agreement can be a touchy topic for couples. Every marriage is different but challenges do arise in every relationship. Having a prenup is a practical way for couples to protect their assets if the marriage doesn't work out well. The prenup allows both the man and wife to have a smooth separation. In India, petition filing and case pendency add to the pressures associated with divorce. Though a prenuptial agreement won't address the emotional issues, it has the power to relieve the burden of conflicts that usually arise during divorce proceedings.

A prenuptial agreement addresses the financial aspect of a marriage. In India, marriage holds cultural importance, it is a sacred institution. While a mandatory prenup has the power to shield couples financially, it can also be seen as another Western imposition ruining the sanctity of marriage.

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