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Does the prenuptial agreement hold good in India as well?

In an age of instant marriages and divorces, is the popular Western prenup mandate the new need of the hour here? Mumbai speaks up

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There’s something you might want to add your wedding corsage, or it’s baccarat-studded crystal gifts, accessories and jewellery. It’s a little piece of paper that might spell out the route to ‘Well-ville’ in case your picture-perfect marriage undergoes any discord. As divorce rates zoom and break-up parties become popular we are looking at a society in transition. But while the prenuptial agreement (or a prenup as it’s commonly known) has been quite the buzzword with the Hollywood set (see box), does it hold good back here, in India?

The law says...
Ace lawyer Satish Maneshinde’s certainly not fence-sitting over the thought. “Prenups should be brought into effect here. That would be very good,” says Satish. “Divorce cases are rising at an alarming magnitude today — almost 200% a year in Mumbai — especially among youngsters. The tolerance levels have gone down plus people are becoming aware of their rights.

The mindset we have makes us think that if the woman makes a move toward a prenup, she’s trying to extract money from her husband. But that’s not true. Sometime, women don’t get what is due to them as their husbands don’t disclose income; there is a real lack of transparency,” he adds.

Celebrity divorce lawyer Mrunalini Deshmukh, who is handling supermodel Ujjwala Raut’s pending divorce case in Mumbai, says in today’s times a prenup is ‘highly recommended’. “It would not only save a lot of time, money and stress to litigants but also lessen the burden on the matrimonial courts. Prenups are not tenable or executable in a court of law. However, they can at best be an indication of the intent of the parties,” she says.

Money, money, money!
“One of the biggest causes of divorce is financial woes as money is presumed to be disclosed,” reveals psychiatrist Anjali Chhabria.

“I recently had a case where an impending marriage broke up because of it. The woman just said ‘What if things turn sour…how will I be supported?’ So, really, this is a subject that must be treated gently. And not just regarding finances, one must do a complete personality pre-nup check — covering emotional, financial and social areas,” she advises. But all said, is the young Indian metrosexual ready for it?

Society still wary
Koel Purie, TV show presenter who tied the knot a few months ago, says, “If you need a prenup you shouldn’t be getting married at all. After all the couple must have complete understanding of each other at the start.”

Singer and author Suchitra Krishnamoorthi voices a similar opinion. “The concept of a prenup says you’re assuming trouble. Now, that’s a wrong premise to begin with as you’re making it about money from day one,” she says. 

Musician Mukul Deora admits he can’t see himself signing a prenup. “I doubt I’ll do it as I think it can take the romance out of a relationship and it’s also a little heavy on both parties. On the other hand I’ll play the Devil’s Advocate and say it can also be a great reality check. It shows the worst that can happen — I’ll know this is how my shirt is going to get dhulao-ed so to speak,” he adds.

Construction magnate Ashish Raheja has mixed thoughts. “I’m not sure if I’d go for one but maybe a prenup is a great idea if one keeps the degree of mutual respect intact,” he says, adding, “A prenup also need not be a cut and dry document. It could be verbal too. The intention should be to protect each other financially without reducing the romance to a contract or a document.”
 

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