• Valuables agreement

My wife was on the verge of getting divorce... It had been amicably solved... Soon the situation may arise near future or later becos i know about her aggressive character and selfishness...

We spent the complete expenses of the marriage without a singel penny out of their pocket.. Still she doesn't satisfied.. Basically she is lazy and dont-care kind of girl....

Before she makes another issuess i want to settle everything in paper properly... I mean I am gonna ask their family what we given them so far  and likewise we are happy to pen down what they gave to us....

I dont want to get into trouble as well as my family after we spent more on this marriage... They may lie we gave this much and we didn't do anything.



Please tell me what is the right procedure to do that ? Is this idea called pre-nup agreement?
Asked 2 years ago in Family Law from Chennai, Tamil Nadu
Religion: Hindu
have you gone for first motion
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
Prenuptial agreement, as the name itself is suggestive, is made before the marriage takes place. It cannot be made subsequent to marriage. 

It is highly unlikely that your wife and/or her family members will give any written acknowledgment of the expenses incurred by both the families on performing marriage, as by doing so they will foreclose some of their legal rights.

At this stage there is nothing viable that can be done by you. If your wife files a case against you in future you will get an opportunity to contest it on merits.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
1) prenuptial agreement cannot be made subsequent  to the marriage . 

2) if you are on the verge of divorce get consent terms drafted by lawyer . the said consent terms must contain clauses regarding return of streedhan , maintenance, alimony .custody of children etc

3)it is doubtful whether your wife will  sign any written acknowledgment regarding expenses incurred during marriage by both the bride and bridegroom .
Ajay Sethi
Advocate, Mumbai
23103 Answers
1212 Consultations
5.0 on 5.0
1) valuables given by you at time of marriage constitutes her streedhan . it is her absolute   property . 

2) no you cannot claim marriage expenses
Ajay Sethi
Advocate, Mumbai
23103 Answers
1212 Consultations
5.0 on 5.0
If she agrees to sign now and later retracks in court, then you will land yourself in awakward position.  She may say that by using force they made me to sign.
Shashidhar S. Sastry
Advocate, Bangalore
1232 Answers
59 Consultations
5.0 on 5.0
You can neither demand valuables nor marriage expenses from her.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
Even if she gives to you in writing that her valuables have been returned by you then she may retract from it in court on the ground that she was coerced to write it. Let her initiate the legal process and then you may offer in court to return it.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
obtain her signature on consent terms that she has been given all her valuables . she should sign in front of 2 witnesses . it would withstand judicial scrutiny .
Ajay Sethi
Advocate, Mumbai
23103 Answers
1212 Consultations
5.0 on 5.0
your relative should not be a witness . lawyer can be a witness along with your neighbours
Ajay Sethi
Advocate, Mumbai
23103 Answers
1212 Consultations
5.0 on 5.0
thanks for your appreciation
Ajay Sethi
Advocate, Mumbai
23103 Answers
1212 Consultations
5.0 on 5.0
Family member should not be a witness whereas no lawyer who is his senses would agree to be a witness.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Family Lawyers

T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23103 Answers
1212 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12042 Answers
227 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5146 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3517 Answers
129 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
424 Answers
15 Consultations
4.7 on 5.0
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2718 Answers
41 Consultations
4.9 on 5.0