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Prenuptial Agreement After Marriage

Prenuptial Agreement After Marriage Template for India

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Prenuptial Agreement After Marriage

I need a Prenuptial Agreement After Marriage for a Hindu couple in Mumbai, where one spouse owns a family tech business valued at ₹50 crore, and we need to ensure business continuity while protecting both parties' interests in case of separation.

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Document background
The Prenuptial Agreement After Marriage (also known as a postnuptial agreement) is a crucial legal instrument in Indian family law, despite not being explicitly regulated by statute. It serves married couples who wish to formally document their understanding regarding property rights, financial obligations, and asset division after their marriage has already taken place. This document becomes particularly relevant in cases involving high-net-worth individuals, business owners, or situations where spouses wish to clearly delineate their financial responsibilities and property rights. Under Indian law, while traditional prenuptial agreements face some uncertainty, postnuptial agreements generally have stronger legal standing as they are executed when both parties are already in a legally recognized relationship. The agreement must comply with the Indian Contract Act, 1872, relevant personal laws (Hindu Law, Muslim Law, etc.), and cannot contravene public policy or statutory requirements regarding maintenance and welfare.
Suggested Sections

1. Parties: Identification and details of both spouses, including their full legal names, addresses, and religious law applicable to them

2. Background: Recitals explaining the marriage details, date of marriage, current living situation, and reasons for entering into this postnuptial agreement

3. Definitions: Definitions of key terms used throughout the agreement for clarity and legal certainty

4. Purpose and Intent: Clear statement of the parties' intentions in entering the agreement and acknowledgment of its binding nature

5. Disclosure of Assets: Declaration of full and fair disclosure of all assets and liabilities by both parties

6. Separate Property: Identification and agreement regarding properties that will remain separate for each spouse

7. Marital Property: Definition and treatment of jointly owned property and assets acquired during marriage

8. Financial Responsibilities: Agreement on financial obligations, household expenses, and joint financial decisions

9. Maintenance and Support: Provisions regarding spousal maintenance/alimony in case of separation or divorce

10. Dispute Resolution: Process for resolving any disputes arising from the agreement

11. Governing Law: Specification of applicable laws and jurisdiction

12. Amendment and Termination: Conditions and process for modifying or terminating the agreement

13. Severability: Clause ensuring that if any provision is found invalid, the rest of the agreement remains effective

14. Execution: Signature and witness requirements, including notarization details

Optional Sections

1. Business Interests: Specific provisions for handling business ownership and management when one or both spouses own businesses

2. Intellectual Property Rights: Provisions regarding ownership and rights to intellectual property created before or during marriage

3. Inheritance Rights: Specific provisions regarding inheritance, particularly relevant for couples with children from previous marriages

4. Religious Obligations: Specific provisions aligned with religious requirements, particularly important for couples under personal religious laws

5. Foreign Assets: Special provisions for assets held outside India, including compliance with international laws

6. Digital Assets: Provisions regarding ownership and access to digital assets and accounts

7. Pet Care: Provisions regarding ownership and care responsibilities for pets

8. Education and Career: Provisions regarding support for education or career development of either spouse

9. Gift Treatment: Specific provisions for handling gifts received during marriage from family members

Suggested Schedules

1. Schedule A - Separate Property of First Party: Detailed inventory of all assets and liabilities owned by the first party prior to marriage or designated as separate property

2. Schedule B - Separate Property of Second Party: Detailed inventory of all assets and liabilities owned by the second party prior to marriage or designated as separate property

3. Schedule C - Joint Property: Detailed list of all jointly owned properties and assets

4. Schedule D - Financial Disclosure: Comprehensive financial statements of both parties including income, investments, and liabilities

5. Schedule E - Business Interests: Detailed description of any business interests owned by either party

6. Appendix 1 - Property Valuations: Independent valuations of significant assets mentioned in the agreement

7. Appendix 2 - Legal Certificates: Copies of relevant legal documents including marriage certificate and property documents

8. Appendix 3 - Independent Legal Advice: Certificates confirming both parties received independent legal advice before signing

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
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