• Memorandum of understanding

Sakshi
Case Manager
Hi,

My name is sue hota.And i have been married for 5 years now 
Due to unforseen circircumstances,i want some terms and conditions or clauses in my marriage now on basis of which I will be taking a step for a particular job role..like i will not be forced tp leave the country i reside in or buy a house in my name etc..I have not signed any pre nup agreement with my husband,but does a post nup agreement allow to quote the terms and conditions that i want.Or is there any other method like any affidavit or contract which is valid?Its nothing to do with divorce or alimony or child support,just some basic terms and conditions.
Looking for your advise at the earliest.

Sue
Asked 4 years ago in Family Law
Religion: Hindu

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20 Answers

prenuptial agreements are neither legal, nor valid under the marriage laws because they do not consider marriage as a contract.

2) Pre-nuptials are not tenable or executable in a court of law.

3) you can enter into any agreement post marriage wherein you agree not to interfere with each other career growth prospects , that you are free to relocate abroad if necessary etc

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

See you can make an agreement get it notarised can incorporate all these conditions into the agreement. The real question is the validity and how such agreement can be enforced.

Ant agreement for valid and enforceable has to be valid as per Indian contract act.

So you can draw up an agreement keep it for the purpose or your use but such agreements are difficult to enforce

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You can just draw an Agreement cum Memo of understanding deciding your career orientation and other condition like asset.

As in India marriages are not contractual it is governed by the personal law , if your marriage under special marriage act then you get some liberty to make an agreement but such agreements are not at all enforceable.

it will just guide you both but the specific performance of such agreement is very difficult.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) All the terms and conditions should be used between husband and wife as their mutual understanding and they should be kept secret between them because marriages are not made on conditional basis but on unconditional basis. If you're husband LOVE you very much than he will accept all your terms and conditions, whatever you say that will be final word.

2) Still you want to make MOU of your post marriage than first check with your husband whether he is ready to signed all this clauses as a agreement and get registered it.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Your husband cannot force you to have child until you are ready

2) you cannot force your husband to stay in country you are presently residing in

3) you cannot force your husband to buy house only in your name

4) you can by consent decide to have both your surname in your child name

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

You can not enforce agreement wherein house is to be bought only in your name

Similarly your husband cannot force you to have your child

You can have agreement notarised

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Registering the marriage in Oman

Once you are married, you will need to register your marriage at the Department of Notary Public in Al Khuwayr within maximum a month.

To register it, you will need:

A completed application form

The marriage notification from the Ministry of Justice

If an Omani is marrying a foreigner, they will need an approval letter from the Ministry of Interior

Registration can be done by either the husband, the wife or their fathers.

The Indian Foreign Marriage Act, 1969

4.Conditions relating to solemnization of foreign countries.-

A marriage between the parties one of whom at least is a citizen of India may be solemnized under this Act by or before a Marriage Officer in a Foreign country, if, at the time of the marriage, the following conditions are fulfilled, namely :---

(a) neither party has a spouse living,

(b) neither party is an idiot or a lunatic,

(c) the bridegroom has completed the age of twenty-one years and be bride the age of eighteen years at the time of the marriage, and

(d) the parties are not within the degree of prohibited of relationship :

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

For draft you will get it done one day. Please call me via consultation call.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Yes you can get it notarised in India and it will be a valid piece of memorandum signed and agreed by both the parties in Oman.

this agreement can help to the extent that you and husband has agreed to certain terms and condition if under any court of law it is contended but you cannot legal enforce the agreement,

Also the draft can be made in such a way that validity of each clause has to be checked even one clause is non enforceable the other can be enforced.

like if agreement relating to property if any he is planning to purchase or any terms regarding distribution of assets.

it can be drafted in a time of one day. heir lawyer pay fee and tell condition to incorporate.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

The agreement in India will not be valid out of its territory limits.

Indian law gives lot of previlege to women and even without any agreement you may get all this and no one can force you to do all this.

You are free to keep your finances separately and take decision to buy the properties in your name.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1. Hindu marriage is not based on contract like marriage as per Sharia.

2. Hence no pre or post Nupital Agreement is not valid as per Hindu Marriage Act.

3. You can not enforce obligation on your husband/wife in your matrimonial matters based on the said pr or post nupital contract.

4. Any terms and conditions mentioned in a valid contract entered by and between the husband and wife is enforceable on both of them as per the Contract Act and not as per Hindu Marriage Act.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

1. The condition mentioned in the clause No. 4 and 2 will not be acceptable as per Hindu Marriage Act, even if you file any petition later on as per the said Act. It will not be acceptable as valid as per the Contract Act also.

2. Remaining clauses should be settled as per mutual understanding and no case will lie on either partner for following or not following the said conditions i.e. no application against any partner for violating the said clauses will attract any punishment or decree of divorce.

3. You can get an affidavit executed affirming the clause no. 1 & 3 by both of you which you can show in case the other side agitates against your acts based on those clauses, later on.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

Please note that either the pre nupital or the post nupital agreement has no legal sancttiy in India nor has it any enforceability at all.

So making such agreement is an wastage of time and energy as the law will never take this into account in the event either of you commit any breach of its terms.

So take the things at your stride considering the futility of this agreement.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

There is no provision in law in India for a post nuptial arrangement or agreement without a marital dispute is referred before court.

If you would like to have an agreement containing contents as per your proposal and mutual agreement, you can enter into an agreement between you both and if necessary you may get it registered.

There is no provision in law for that and if that has to be enforced, then it will be on the basis of specific performance of contract through civil law only and not by any matrimonial laws.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

These are the terms and conditions that i want specifically:

1.not to have a child until i am ready.

2.to stay in the country as long as i want to.

3.my child to have my surname and my husbands

4.to buy a house only in my name.

The country i reside is oman.If not a post nup,is there any memorandum of understanding or an affidavit that i can use.

Since there is no provision in law for a postnuptial agreement or arrangement, you can draw an agreement in writing incorporating the conditions and the other party agrees to it, get the agreement registered to enforce the same through court of law, inc case of breach or violation.

It will be an agreement and not an affidavit.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

Thanks for the answers.But can i get it notarized in India and will it still be valid in Oman?If it is not binding under the indian law,then to what extent can the agreement help me in case if i ever need to use it?isnt there any other solution.And if i need to get a draft done,how soon can i do it and what is the process?

The registered agreement entered between two is admissible as evidence before court of law in a suit for specific performance or contract or for specific reliefs.

The notarised agreement is not valid in India, hence it may not be valid in a foreign country also.

You cannot demand for certain issues which are not enforceable in law at least not in India.

You may have to look for some ways to keep the tie effectively and in close contact.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

It is not valid in India, but the same will hold value as and when some case is filed by you.

Also, the same needs to be notarized at the place where both the parties are present.

You can get the post nuptial agreement done.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Get the same made and notarized at the place where both the parties are residing.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Hello mam. you can get the said MOU drafted and notarised in INDIA...yes, it will be valid in OMAN as the MOU is attested and signed by both husband and wife before the notary officer..

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

You can make agreement or Mou of conditions and terms which are legal and not contrary to law. You can incorporate any condition, clauses, terms etc but the same should be legal and enforceable by law.

Prashant Nayak
Advocate, Mumbai
27275 Answers
88 Consultations

4.4 on 5.0

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