While rumors of the couple's separation are doing the rounds, another rumor is doing the rounds on the internet that Natasa will receive 70% of Hardik's assets if the two divorce. Reason: It is assumed that the two people signed a contract. prenuptial agreement However, there is no real evidence for this speculation.
So what is a prenuptial agreement and is it legally valid in India? What are its advantages and disadvantages? Read on to find out more.
All about prenuptial agreements
In India, prenuptial agreements, like regular contracts, are governed by the Indian Contract Act, 1872. However, this is not traditionally recognized due to the personal laws of various religions governing civil contracts in matters of marriage. nation. However, those who want to prevent loss of assets in the event of a future divorce may choose to enter into a prenuptial agreement before getting married.
Regarding this, Dr. Rennie Joyy, lawyer and founder of the Alekh Foundation, explained, “In India, marriage is governed by various personal laws based on religion and is not considered a contract in the traditional sense.”contract marriage“There is no legal framework in India as it is understood in some Western countries. However, the Special Marriage Act, 1954 allows civil marriage irrespective of religion. Here, marriage can be seen as a contractual agreement to some extent, but is still binding. “Under provisions of law and not as an independent contract.”
Elaborating further, she said, “Under Indian law, prenuptial agreements (prenuptial agreements) are expressly neither recognized nor enforceable,” she said, adding: marriage lawThere are no provisions directly dealing with prenuptial agreements in the Hindu Marriage Act, 1955, the Special Marriage Act, 1954, etc. “Indian courts have traditionally viewed marriage as a sacrament rather than a contract, so they have not upheld such agreements.”
If you want to better understand prenuptial agreements and whether you should sign them before getting married, Dr. Rennie Joyy also shared some pros and cons of them. The advantages are:
1. Asset Protection: Protect personal property and family inheritance by clearly defining asset ownership and division in the event of divorce.
2. Debt Liability: Ensures that pre-marital debts remain the responsibility of the debtor spouse.
3. Reduce Conflict: Minimizes disputes and litigation regarding property and finances during divorce.
4. Financial Clarity: Provides financial transparency and planning for both parties.
![Hardik-Natasa shows what it really means to be stronger together.](https://static.toiimg.com/thumb/imgsize-23456,msid-110496285,width-600,resizemode-4/110496285.jpg)
Meanwhile, the disadvantages of prenuptial agreements in India include:
1. Enforcement issues: Lack of explicit statutory recognition makes enforceability uncertain, subject to judicial interpretation.
2. Trust Issues: This can be seen as mistrust and can cause emotional tension in the marriage.
3. Changes in circumstances: You may not be able to take into account future changes, such as your children or financial situation.
4. Public policy: Courts can invalidate provisions that run counter to public policy, such as pre-determined child custody or child support waivers.
In other news, Hardik and Natasa haven't been spotted together for quite some time. Natasha was spotted spending time with her friend in Mumbai last weekend, while Hardik was reportedly away on a holiday abroad. The couple reportedly got married during the COVID-19 lockdown in May 2020, and welcomed their son Agastya two months later in July 2020. In February 2023, the couple renewed their vows to each other in a grand wedding held in Udaipur. Rajasthan.
While rumors are rife about their divorce, Hardik and Natasa have not made any statement about the same. They neither accepted nor denied the rumor.
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