See firstly prenup is not valid in India, secondly without agreement also your second wife has no right on property you give to your child or has no right on child .
I am getting married on the 20th of November 2019. This is my second marriage and I have a child from my first marriage. I wanted a Pre Nup agreement, which will prevent my second wife to stake claim on anything that I would give my child, or even stake claim on the child in case we were to seperate or divorce.
See firstly prenup is not valid in India, secondly without agreement also your second wife has no right on property you give to your child or has no right on child .
Pre nup agreement has only validity under special marriage Act. In other customary laws or has no application. It can be made applicable through consent under Indian contract Act
pre nuptial agreement would not be valid
2) you cannot restrain your wife from claiming custody of child in event of divorce
If you want pre nup agreement I can provide you all details. Just forward your all details including property moveable and immovable...and terms and conditions as per your wish that too should be accepted by your second wife.
A pre nup agreement is not valid and the courts do not entertain the same. It is a western basically US contract law development to escape liability.
Regards
No such agreement valid. On husband intestate demise, wife and child inherits his properties.
By way of WILL, you can give your properties to your child, wife has no say.
Dear Sir,
In India, prenuptial agreements are neither legal, nor valid under the marriage laws because they do not consider marriage as a contract. ... For a prenuptial agreement to be successful, both parties have to be willing to participate in it and have to be completely honest about their individual assets and liabilities
1. There is no legal recognition of pre-nupital agreement in India.
2. Moreover the first wife is remains without marriage and employment will be entilted to maintenance from her divorced husband during her lifetime and this right can not be waived by ere agreement.
3. However you are free to deal with your self acquired property with anyone and no one can stop you from doing this.
If you want to have a prenup agreement prepared then you may contact an advocate in the local or any advocate of this forum who will be able to guide and get the agreement prepared to your satisfaction.
Actually in Hindu marriage ther is no provision for prenup agreement, it can be entered into provided the marriage is registered under special marriage act, 1954, by attaching a copy of this agreement along with the application for registration of marriage under the provisions of special marriage act, 1954.
- A prenuptial agreement is a contract entered by the parties before getting married. It is a signed, registered and notarised document that usually outlines the distribution of assets, liabilities and issues relating to custody of children if the marriage falls apart in the future
- Further, in India , this agreement is neither legal,nor valid under the marriage laws or under special marriage act.
- However, this agreement is governed by the Indian Contract Act and have as much sanctity as any other contract, oral or written.
- As, per law , a wife cannot claim any share in the property of her husband during his life time , and further he is free to transfer the same through gift deed as well.
The Indian legal system does not yet recognise prenups as legal agreements. At present in India, there is no categorical law governing prenups.
In India, prenuptial agreements are neither legal, nor valid under the marriage laws because they do not consider marriage as a contract.
For a prenuptial agreement to be successful, both parties have to be willing to participate in it and have to be completely honest about their individual assets and liabilities.