have you gone for first motion
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 10 years ago in Family Law
Religion: Hindu
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11 Answers
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.
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 .
I am happy to return all valuables of hers just in case she goes for divorce... Can't i ask the same from her.....Its only mutual.im not robbing her valuables.... Also can i claim the marriage expenses ? Can i ask her to return the jewels we put on marriage ? Money is ours. What is the point to let her take if she doesn't like us ?
Asked 10 years ago
1) valuables given by you at time of marriage constitutes her streedhan . it is her absolute property .
2) no you cannot claim marriage expenses
Thats fine sir...Somehow, If i get her signed in what valuables shared between two parties, will it stand in the court when she goes for divorce ? Its not about getting her valuables nor loosing our valuables, its about to say the court that we have surrendered all her belongins when she lies.
Asked 10 years ago
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.
you may be right Mr.Shash.. but how do i prove in the court myself that i have given these things and got things out of her... Even she says she was forced to sign then valuables given by them also not ture. isn't it ? In another way, if court asks have you got anything to prove that what u given/got ?
Asked 10 years ago
You can neither demand valuables nor marriage expenses from her.
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.
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 .
2 witnesses ? Can be my relative (my family) /any lawyer.... I just want to be on safer side.. thats it....Dont want to hurt either my wife nor my family.....
Asked 10 years ago
your relative should not be a witness . lawyer can be a witness along with your neighbours
thank you Mr.Ajay for your valuable advise...
Asked 10 years ago
thanks for your appreciation
Family member should not be a witness whereas no lawyer who is his senses would agree to be a witness.