Till a pre-nup does us apart

When a dream marriage turns into a nightmare, the divorce proceedings can be long and painful. Pre-nuptial agreements — or pre-nups — can protect the interests of the parties concerned but are yet to get legal status in India.

But lawyers in Mumbai have seen a growing trend among both men and women asking if they can draw up a pre-nup. A few have even signed on the dotted line but not many are staying true to the contract. Divorce lawyer Kranti Sathe is currently representing a man whose estranged wife states that she is not legally bound by the pre-nup and wants her share in the property and a huge amount in alimony. The matter is sub-judice.

The profile of those making enquiries about pre-nups is interesting. “A chunk of clients who come to me are divorced men, who’ve been through the turmoil of a divorce, alimony and custody. The very rich too feel a need to sign such a contract as somewhere in their mind there is a fear that in case of an eventuality, the partner can demand a huge share of their property, finances, etc,” says lawyer Mrunalini Deshmukh, who states that a change in law will bring a lot of issues in perspective, provided the implementation is honest.

Actor Pooja Bedi thinks that legalising pre-nups is a good idea as it will make divorces healthier. She says, “A pre-nup sets the ground rules and, when legal, both the parties will have to stick by it. Also, when a man is in love he is more generous, so chances are the wife will be able to get a decent settlement than during a divorce when a man is angry and bitter. A pre-nup is not a way to fleece a man but it makes it clear that in case of divorce this is what the two parties get and they can move on with their lives.”

Marriages in India fall under The Hindu Marriage Act, Muslim Marriage Act, the Indian Christian Marriage Act, the Parsi Marriage and Divorce Act and the Special Marriage Act, each with its own set of laws relating to divorce, shared property, child custody and so on. The pre-nup, many believe, will benefit a very limited section of society.

Says divorce lawyer, Mini Menon, “A pre-nup would be a contract signed by two equal individuals. But in India despite all the education women receive, their access to law and justice is still limited. So the need remains to strengthen the already existing laws for women instead of getting in prenup, which will only benefit a few — who have property and are financially sound.”

Not everyone is convinced about the need for pre-nups. Some question the sanctity of a marriage that is based on doubts. Socialite Haseena Jethmalani says, “A pre-nup can't help make a marriage work. If anyone feels that a marriage may not work out then may be they shouldn't even get into one.”