File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Live In Relationships And Nuptial Agreement: A Critical Analysis

India a country of cultural values and ritual ceremonies cannot afford to plunge into western society. But since growing economy and people getting more and more aware, India finally has to step ahead and walk with the rest of the world by legalizing live-in relationship. A country like India would allow its citizens to do that, but its fact.

Further pre-marital sex and live-in partners, the Supreme Court today opined that a man and woman living together without marriage cannot be construed as an offence. The concept of 'Mitru Sambandh' is nothing but a concept of the 'Live-in relationship' or 'Living relationship'. The concept of "Live-in relationship" is a problem or not is debatable question.

A prenuptial agreement is between two spouses. It is essentially a settlement in writing between the two spouses which states that on death or divorce or separation what will be the financial liability of the respective spouses. In simple phrases it lays out the proportion of assets, property, and money each of them gets if the wedding is dissolved. The Indian State has demonstrated reluctance in attributing legal status to such instruments. The Indian position on prenuptial agreements can be described as uniquely ambiguous.

The paper analyses the legality and implications of live-in relationships and nuptial agreements in India.

Introduction
A live-in relationship is an arrangement in which an unmarried couple lives together in a long-term relationship. A couple in a live-in relationship end up sharing the financial burden and offer each other emotional support and companionship. At the same time, the relationship isn't binding giving the couple the choice to end the relationship without going through a divorce.
Live-in relationships are considered taboo in India. Parents don't consider it, landlords refuse to rent homes to unmarried couples and everyone else simply frowns upon it. However, it's not stopped many young couples from going down this road.

Most Indians might not know that the concept of live-in relationships is thought to have originated in the Vedic period and isn't entirely a western practice. In Gujarat, the practice of Maitri-Karar allowed couples to live together outside the bonds of marriage.

India has never been as accepting of live-in relationships as countries in the west have. In western countries, there's a broader understanding of the idea of couple and family with legal recognition of cohabitation, domestic partnership and civil unions.

A pre-nuptial agreement is a contract entered into by a couple before a marriage or civil partnership setting out how finances and assets will be divided following the breakdown of the relationship.

These agreements are becoming more and more popular with many couples, especially those with substantial pre-marriage assets and those embarking on second marriages.

A post-nuptial agreement contains several of the same provisions as a pre-nuptial agreement however is a contract entered into after a couple marry or enter a civil partnership.

This type of agreement provides more certainty than a pre-nuptial agreement, and it's recommended that any 'Pre Nup' is converted into a 'Post Nup' after marriage as this will provide a better probability to manage your finances on or after a relationship breakdown.

Objectives of Study
The objective of the paper is to find the validity and necessity of live-in relationship and cohabitation agreements in India.

Research Problem
Traditionally, pre-nuptial agreements were unenforceable as being against public policy. However, courts then became willing to attach weight to some pre-nuptial agreements, as one of the relevant circumstances to be taken into account when deciding the division of assets on divorce or dissolution.

In a landmark ruling in 2010, the Supreme Court held that courts should give effect to a pre-nuptial agreement that is freely entered into by each party, with a full appreciation of its implications, unless, in the circumstances prevailing, it would not be fair to hold the parties to their agreement. The ruling does not make pre-nuptial agreements binding in all cases; the fairness of upholding any particular agreement will be considered by the court on a case by case basis.  However, some pre-nuptial agreements will now have effect in the absence of circumstances which would make this unfair. 

This paper tries to find the validity of live-in relations and nuptial agreements.

Research Questions
  1. What is live-in relation and its legality in India?
  2. What is cohabitation agreements and when it is applicable?

Research Methodology
The subject matter of my research is, "Live in Relationships and nuptial agreements: A critical analysis" My study is based totally on "DOCTRINAL METHOD." There are many concepts or doctrines in this challenge. And additionally this venture contains maximum of the issues related to this subject matter. This undertaking is really primarily based on studies methodology.
The source materials are secondary. I even have used secondary assets like books, articles, and journals, and Internet-based research.

Literature Review
Analysis

The Indian judiciary's view of live-in relationships
In fact, when we examine the history of judgements pronounced by the Supreme Court, we can come to a conclusion on the legality of live-in relationships in India.

The Supreme Court of India stated that if a man and a woman "lived like husband and wife" for a long period and had children, the judiciary would presume that the two were married.
This ruling was a result of the first case, Badri Prasad vs. Dy. Director of Consolidation in which the court gave legal validity to a couple in a live-in relationship for fifty years!

Even in the case of Payal Katara vs. Superintendent, Nari Niketan Kandri Vihar, Agra and others, the court drew a line between legality and morality. According to the court, just because a live-in relationship may be considered immoral doesn't automatically make it illegal.

While the Supreme Court has upheld the legality of live-in relationships, the intent of the relationship could determine the fate of the relationship from a legal perspective.

According to the Supreme Court, a couple entering a live-in relationship or a similar arrangement only for the sake of sexual gratification cannot claim the legal benefits accorded to marriage.

This was precisely the judgement given by the court in the D. Velusamy vs. D. Patchaiammal case.

In summary, for the court to accord live-in relationships the same status as that of a marriage, there are a few conditions that need to be met.
  1. The couple must hold themselves out to society as being like spouses.
  2. They should be of legal age to marry and they must be otherwise qualified to enter a legal marriage, including being unmarried.
  3. They must have voluntarily cohabited for a significant period of time.

Children, domestic violence, dowry and live-in relationships
The courts in India have also pronounced many judgements to cover problems arising from live-in relationships like the standing of children, harassment and domestic violence.

The domestic violence Act, enacted with the objective of protecting women against domestic violence, initially did not have any provision to protect the women who are in live-in relationships. However, in 2005, an amendment was made that brings violence caused in a live-in relationship within its ambit.

Another implication of live-in relationships is the legal status of children born out of such relationships. The apex court has clarified that the children born of parents in a live-in relationship couldn't be called illegitimate.

Lawyer-activist Pyoli Swatija, who was in a live-in relationship before getting married, points out that the mother is the natural guardian of the child born in a live-in relationship and the father has no obligation to support the child. In addition, marriage is required if all the inheritance rights of the children are to be secured.

The courts have also given the right to claim maintenance to a woman in a live-in relationship.
Thankfully, dowry harassment in a live-in relationship continues to be a punishable offence. In the case of Koppisetti Subbharao Subramaniam vs. State of Andhra Pradesh, the Supreme Court command that the nomenclature "dowry" isn't properly defined. It refers to a demand for money in regard to marriage. The Court rejected the contention of the defendant that since he wasn't married to the plaintiff, Section 498A failed to apply to him, therefore, taking a forward-looking step in eliminating dowry from live-in relationships.

There are many queries that still remain outside the ambit of law like emotional cruelty, cheating, blackmailing, misuse of each other personal space and joint assets. These are potential minefields for couples entering into a live-in relationship.

Couples prefer to cohabit outside the bounds of marriage for many reasons:
  1. it's probably that neither party believes in marriage and a live-in arrangement satisfies their expectations from the relationship.
  2. In some cases, a live-in relationship is considered a way of taking the relationship to the next level of commitment.
  3. Couples also try live-in relationships to test their compatibility before committing to a legal union.

When two people like each other they begin dating. The endgame for a couple in such cases is either marriage or a break-up. A live-in relationship is a middle path between dating and marriage. For many, it's the step before marriage, whereas some opt not to marry at all.[1]

The following article is for couples seeking to live together before marriage and the responsibilities and obligations that follow in such a relationship.

India has witnessed a drastic change in the way the present generation perceive their relationships. The taboo that used to haunt partners in live-in relationships has also started to fade away with society opening up about the idea of pre-marital sex and live-in relationships.

This improved mind-set is a result of freedom, privacy, profession, education and also globalisation. Moreover, for most of us it's not an escape from responsibilities however a way to understand our partner and to check if at all we are compatible.

A live-in relationship not only gives the couple an opportunity to know the partner without having to engage in a legally binding relationship however also excludes the chaos of family drama and lengthy court procedures in case the couple decides to break up.

It involves continuous cohabitation between the partners without any responsibilities or obligations towards one another. There's no law tying them together, and consequently, either of the partners can walk out of the relationship, as and when they want.

How is live-in defined under Indian Law?
The Supreme Court in Indra Sarma vs. V.K.V. Sarma defined live-in relationships in five distinct ways- A domestic cohabitation between an adult unmarried male and an adult unmarried female. This is the simplest kind of relationship.

A domestic cohabitation between a married man and an adult unmarried woman (entered mutually). A domestic cohabitation between an adult unmarried man and a married woman (entered mutually).

These two are the most complex grey areas of acknowledging a live-in relationship. Moreover, the second kind of relationship mentioned is adultery which is punishable under the Indian penal code.

A domestic cohabitation between an unmarried adult female and a married male entered unknowingly is punishable under the Indian penal code as well. A domestic cohabitation between two homosexual partners, which cannot lead to a marital relationship in India as no marital laws against homosexuality are defined yet.

Legal Status of Live-in
In most western countries there's a broader understanding of the idea of a couple in a relationship, which is evident in their legal recognition of prenuptial agreements, civil and domestic union of couples etc. However, it's not the same in India.

The Apex Court in numerous of its judgments has declared that if a man and a woman "lived like husband and wife" in a long-term relationship and even had children, the judiciary would presume that the two were married and the same laws would be applicable.

In another instance, the Apex court even declared that for a man and a woman in love to live together is part of the right to life and not a "criminal offence". Therefore, live-in relationships are legal in India.[2]

Cohabitation Agreements
A prenuptial marriage agreement is a signed and notarized contract that spells out how a couple will handle the financial aspects of their marriage. Though not very romantic, having this honest financial discussion prior to a wedding ceremony can be a very positive experience.

According to the website FindLaw.com, "Premarital agreements (also known as prenuptial agreements or "prenups") are a common legal step taken before marriage. A prenup establishes the property and financial rights of each spouse in the event of a divorce. So while no one is thinking about divorce when they marry, about half of all marriages in America end up in divorce proceedings. Thus it's usually prudent to at least consider a prenuptial agreement."[3]

A prenuptial agreement (prenup) is an agreement of western origin that's gaining its position in other parts of the globe. In its classical western ideological sense, the agreement is portrayed as a precautionary measure that safeguards the assets of both parties. It's in this aspect the author tries to analyse the development of the concept of a prenuptial and its effect on marriage in its modern sense. In the era of modern family, every moment relationships make and break in fractions of seconds.

It's also seen that citizenship of various nations is gained by way of marriage as it has become an easier option. The meaning of marriage in this era isn't that of a social institution however a relationship between two individuals through an agreement, just like a contract.

Pre-nuptial agreements are called an agreement to validate the account of marriage. Basically, this agreement was a western concept, but now it's gaining momentum in the east as well. A prenuptial agreement is an agreement before the marriage, entered by the parties intending to enter the union of marriage.

This is done to ensure that after marriage all the assets of both parties are divided. However, the notion of prenup stands in-between several concepts of family law, contract law, economics, feminism, and public interest.[4]

Although most people do not realize it, marriage is a legal contract between two people. It defines the rights and obligations that each party owes the other. It should not be surprising then, to learn that unmarried couples can create contracts between themselves that also define the rights and obligations of each partner. These contracts go by various names however are often referred to as cohabitation agreements, non-marital contracts, or living together contracts.

These contracts function similarly to prenuptial agreements and set forth however money, property and debt among other things will be handled during and even after the relationship. It may seem extremely unromantic to ask your partner to make a contract with you, however, in the process, it'll tell you a lot about yourself, your partner and the maturity of your relationship.

The legality of cohabitation Agreements
Contracts that function like a marriage between unmarried couples haven't always been on sound legal ground. The uncertainty behind non-marital agreements came to an end in 1976, however, when the California State Supreme Court established the now widely held justification behind allowing non-marital agreements. In the case, Marvin v. Marvin, the California Supreme Court held that:
  • Unmarried couples may enter into written and oral contracts that cover rights often related to marriage (such as the rights to property acquired during the relationship).
  • Unmarried couples could create "implied" non-marital agreements, without ever writing it down or expressly speaking about it. Rather, a court can evaluate the couple's actions to determine if such an agreement has been implied in their relationship.
  • If no implied agreement is found, a judge can presume that the parties intended to "deal fairly with each other," and grant one party rights and obligations consistent with equity and fairness.

Contents of a cohabitation Agreement
Non-marital contracts do not need to be overly complex or contain legal-sounding language. On the contrary, it's a better idea to make the agreement in plain language, and include as much or as little detail as the couple feels is necessary.

Here are some items to consider:
  • Property accumulated during the relationship:
    It is important to define how property acquired during the relationship should be treated. As an example, if one person buys something during the relationship, do both parties own 500th of it? Does whoever bought it owns it? What if the item is purchased using personal savings?
     
  • Property acquired by gift or inheritance:
    generally, people prefer to keep things received as gifts or by inheritance as separate property. If you and your partner wish to do this, you need to write it down so there's no confusion.
     
  • Property from before the relationship:
    many people like to keep things received before the relationship began as separate property. If you and your partner want to do this, you need to write it down so there's no confusion.
     
  • Expenses:
    make sure you cover how expenses will be paid. This can be a huge area of disagreement, so it is important to write down the expectations. As an example, you may split them 50/50, make it proportional to income, or just pool your resources into one account and pay jointly.
     
  • Separation or death: though you may not want to consider it, it is important to define what happens when the relationship ends. It is important not to leave the status of property and money in limbo if a couple splits up.
     
  • Dispute resolution:
    in the case that a dispute arises, couples may want to define how it should be resolved. A typical example would include using mediation or arbitration before taking the matter to court.[5]

Enforceability of prenuptial agreements in India
There is no specific law, which talks of legality or enforceability of prenuptial agreements in India. Prenuptial agreements in India are not binding. However, this doesn't evaluate the importance of prenuptial agreements overall. The court might take the prenuptial agreement into consideration for understanding the intention of the couple. A prenuptial agreement has helped the court in reaching a proper settlement in cases of divorce.

A list of judgments where prenuptial agreements are used by the court to arrive at a proper conclusion
  • Sunita Devendra Deshprabhu v. Sita Devendra Deshprabu. In the following case, the Bombay high court took the prenuptial agreement into consideration for deciding the separation of the asset.
  • Anjali Sharma, a middle-aged businesswoman, forbade her husband to remarry post-divorce and also claimed custody of all the pets bought during marriage with the help of a document called a prenuptial agreement.
  • A couple in Coimbatore before getting into the union of marriage signed a prenuptial agreement. One of the clauses of the agreement said, "No party in the marriage will force the other party to change his/her religion after the solemnization of the marriage." The clause wasn't maintained by the wife. The court took the help of the prenuptial agreement to come to a conclusion and took the non-maintainability of the court as a proper ground for divorce.
  • Several Courts have taken, prenuptial agreement as a guiding factor to come closer to the fact of, what was the intention of the couples before entering into the marriage. This doesn't make a prenuptial agreement as binding. a prenuptial agreement in India isn't binding. They might carry a persuasive value for strengthening the case.

List of judgments where Court has strictly declared such agreements invalid
  • Indian judiciary has declared such agreements as invalid in Tekait Mon Mohini Jemadai v. Basanta Kumar Singh and Krishna Aiyar v. Balammal.
  • Pre-nuptials are not tenable or executable in a court of law. However, they can at best be an indication of the intent of the parties.

Existing legal position
A prenuptial agreement is between two spouses. It's essentially a settlement in writing between the two spouses which states that on death or divorce or separation what will be the financial liability of the respective spouses. In simple phrases, it lays out the proportion of assets, property, and money each of them gets if the wedding is dissolved.

Prenuptial Agreement in India seems like an alien idea. Unlike western countries wherein marriage is taken to be a contract between husband and spouse, in India marriage is taken into consideration as a holy alliance of two persons for existence and for this reason, a prenuptial settlement is legally invalid under the Hindu Marriage Act in India.

Divorce laws in India are governed by personal laws Hindu marriage Act, 1955, Indian Christian Act, 1872, etc. Provision for maintenance exists in all matrimonial laws with the only dissimilarity that under the Hindu Marriage Act, either of the spouses can claim maintenance, however, under others, only the wife can claim maintenance. Generally, alimony is granted based on income, property of both the parties and their conduct. It may not always be possible to prevent a divorce, however, a prenuptial agreement would ensure that one would get the rough end of the stick in matters of financial settlements

Precedents
In the landmark case of Bhagwati saran Singh vs. Parmeshwari Nandar Singh, the Allahabad high court held that marriage additionally to being a sacrament is a civil contract entered into between two parties.

The legal status of prenuptial in England was also uncertain until recently whereby they accepted it to be legally valid. In the case of Radmacher vs. Granatino, the court said that prenups don't hit public policy arguments if they're mutually and voluntarily entered by the couple. This judgement redefined the phrase 'public policy. The Supreme Court set out three factors that would increase the likelihood of prenuptial getting accepted legally in the court.

They're as follows:
  1. The agreement should be freely entered into by both the parties;
  2. The parties must have a full apprehension of the implications of the agreement; and
  3. It should not be unfair to hold the parties to their agreement in the circumstances prevailing.
It was a historic judgement, and after this case, the number of prenuptial agreements saw a steep rise not only in England however also in Germany. This ruling has been further underlined in the case of WW v HW. However, even as case law continues to support it, prenuptial agreements are still not legally binding and there has not been much development on the Law Commission's proposals of a "qualifying nuptial agreement" made in 2014.

In Mohammedan law, the idea of pre-nuptial prevailed even before the popular westerns adopting it. As most Muslim marriages involve the negotiation of a mahr provision as part of a marriage contract which consists of a monetary payment from husband to wife, so the notion of Mahr, under Mohammedan law, as defined by Tyabji, "Mahr or dower is a sum that becomes payable by the husband to the wife on marriage, either by an agreement between the parties or by operation of law".

In the case of Akileh v. Elchahal, considering the validity of mahr as a prenuptial agreement, the appellate court provided that "a marriage is a sufficient consideration to uphold a premarital agreement" and therefore, the contract between the parties was valid and enforceable.

Conflict of laws
The Divorce Act, 1869 under Section 40 speaks concerning ante-nuptial and postnuptial agreement however it's subject to the decree of the court. The court may make such orders with respect to the application of the whole or a portion of the property settled, whether for the benefit of the husband or the wife or the children (if any).

Therefore, even where the court has held that Hindu marriage isn't only a sacrament however also a civil contract (Bhagwati Charan Singh v. Parmeshwari Nandar Singh), the Supreme Court has emphasised that the object of a contract can't be marriage.

Prenuptials are treated as unenforceable agreements since either party may be required to sign away the right to legal remedy in the division of the marital estate once the dissolution of marriage. Under Section 28 of the Contract Act, any contract "by that any party thereto is restricted absolutely from enforcing his/her rights under or in respect of any contract, by the usual legal proceedings in the ordinary tribunals" is void.[6]

Pros and cons of prenuptial agreements
Pros
  • A prenuptial marriage agreement doesn't indicate that a couple is anticipating a divorce
  • Financial matters that need to be faced are examined.
  • Prenuptial agreements can preserve family ties and inheritance.
  • If your future spouse won't sign a prenuptial marriage agreement, it may be best to discover this before the wedding.
  • The financial well-being of children from a previous marriage can be protected.
  • Personal and business assets accumulated before your marriage are protected.
  • A prenup puts financial expectations out on the table before your wedding.
  • A prenuptial marriage agreement spells out which assets a spouse may want to give to children or other family members in the event of death.
  • In the event of a divorce, a prenuptial agreement eliminates battles over assets and finances.
Cons
  • Some people look at creating a prenup as "planning the divorce" before "planning the wedding."
  • They are unromantic and can cause serious friction in the relationship.
  • Prenups can give the appearance that there's a lack of trust between the partners.
  • A prenuptial agreement could create resentment between spouses.
  • A prenuptial marriage agreement makes it seem like there's a lack of a lifetime commitment to one another.
  • Prenuptial marriage agreements can be set aside for failure to disclose all assets, or if there's evidence of fraud, duress, unfairness, or lack of representation at the time of signing the agreement.[7]

What do these agreements include?

The contents of each of these contractual agreements will vary based on individual circumstances, however, they will usually contain provisions for the division of property and assets along with provisions relating to maintenance.

Marrying couples can agree to include whatever they want in a pre-nuptial agreement, however, there's no guarantee that the Agreement will be upheld if challenged at court. They do still offer good guidance for a court dealing with the consequences of a relationship breakdown.

Pre-nuptial agreements are becoming more common as a means of safeguarding wealth where one party to a marriage/civil partnership has assets they want to safeguard in the event the relationship breaks down.

Pre-nuptials are becoming increasingly important as people try to protect inherited assets or assets acquired before marriage. They're usually the idea of any post-nuptial agreement with a common provision in several pre-nuptial agreements that it will be transposed into a Postnuptial Agreement post-wedding or civil partnership.[8]

Alternative to prenuptial agreements in India
Yes. There are alternatives to a prenuptial agreement in India. There exist loopholes to every law however when there's no law at all things becomes much easier. The same goes for prenuptial agreements in India. Here are few alternatives to a prenuptial agreement in India.

Forming trust and keeping aside the money for their future grandchild
A trust fund for your own child
Parents can form a trust fund for their child that s/he can access once s/he turns a certain age. For instance, a woman who is 20 years old at the time of marriage, could access the fund at 40.
MoU (Memorandum of Understanding)
Such MoU can contain clauses similar to a prenuptial agreement. However again this MoU won't be binding. They might be helpful in drawing the court's attention in a case.

Joint ownership or Co-ownership agreement
Simply put, when two or more person holds title to the same property. Apart from acting as an investment, joint ownership of a house might provide you with tax deductions under section 80 C of the income tax Act.

Prenuptial agreement in India, the Goa way!

Before marriage, partners can enter into a prenuptial or separation of assets agreement, drawing up a list of possessions that belong to each other. "This agreement is irrevocable however has no bearing on the children who have equal rights to both parents' assets," Shocked! However, the civil code in Goa provides for a prenuptial agreement.[9]

In a prenup, if the woman agrees to give up her legal rights, the court is likely to strike off such an agreement as opposed to the public policy of India. This is because an agreement by which a party gives up his or her legal remedies is considered void.

Pre-nuptial agreements are standard within the western world. The Indian Law is a bit fuzzy on where these agreements stand, and it's why very few couples get them in the country. This article clarifies if pre-nuptial contracts are legal in India or not.

A prenuptial agreement a contract entered into by a couple about to tie the knot is a signed, registered and notarized document that usually outlines the distribution of assets, liabilities and issues relating to the custody of children if the marriage falls apart in the future. The content in a prenuptial agreement may vary.

There has to be a formal written agreement duly signed & witnessed, between both parties with regard to the issue of the articles being brought at the time of marriage (read about marriage registration) by the wife as her stridhan, the articles being given by the husband to wife or vice versa at the time of marriage, the issue of properties both movable & immovable of both parties and its sharing during as well after (in case the marriage fails) by both.

Other matters that are addressed are permanent alimony & maintenance to be provided to wife or husband as the case may be in case the marriage fails, issue of custody of the children, care & maintenance by both parties & the proportional distribution of responsibility & liabilities of both for the children born to them out of the wedlock, and terms and conditions relating to the financial contribution of self as well the other partner in marriage.

At present, they remain invalid in an Indian court of law. However, they may be used for the purpose of proof and reference. Pre-nuptial agreements are rare in India. If entered into, they're taken as ordinary agreements. However, if in a prenup, the woman agrees to give up her legal rights, the court is likely to strike off such an agreement as opposed to the public policy of India. This is because an agreement by which a party gives up his or her legal remedies is considered void (Section 28 Contract Act 1872).

There are loopholes in the Indian legal system, however, they're not fool proof. If a person breaks a prenuptial agreement signed on a stamped and notarised paper, it becomes a case of fraud. And fraud is a ground for divorce under the marriage Act. This has been held in two or three cases however the document isn't watertight under Indian Law.

A signed, registered, and notarized document outlining the distribution of assets, liabilities, and issues relating to the custody of children if the marriage falls apart is termed a pre-nuptial agreement. They remain invalid in Indian court as of present, however, there are certain loopholes that can be considered.[10]

The legal position remains that a court will look at each case separately and consider the following:
  • If there has been complete financial disclosure
  • If the agreement was entered into in good time, at least three weeks before the wedding
  • Whether there has been an excessive influence on either party
  • If independent legal advice has been taken by each party
The court may still uphold the terms of a pre-nuptial agreement even if these criteria aren't met.

Post-Nuptials
A Postnuptial Agreement is different, in that it falls within the definition of a 'maintenance agreement'.
Postnuptial Agreements are binding unless there's a good reason for them to be void or unenforceable.

The Supreme Court has said that: "The court should provide effect to a nuptial agreement that's freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to their agreement.

These agreements need to be:
  • Freely entered in by both parties
  • Both parties need to be properly advised
  • Both parties need to understand in terms of the agreement's effect
  • Any agreement needs to be fair and subject to full financial disclosure by both parties[11]

Conclusion
Therefore, though live-in relationships have become legally valid, it is still not legally binding on the partners. It could be a benefit as well as a disadvantage depending on the expectations of the couple. In a society that shamed premarital sex, accepting a practice like live-in is a big step forward. There is no specific personal laws are governing these relationships. However, the Indian Law/Supreme Court is trying to bring in a change into the nation. And also it is trying to widen the legal prospect relevant to this foreign concept. We have a widen idea of what live in relationship in India means.

In India, prenuptial agreements are neither legal nor valid under the marriage laws because they do not consider marriage as a contract. For a prenuptial agreement to be successful, both parties have to be willing to participate in it and have to be completely honest about their individual assets and liabilities.

But still, public opinion stands as a huge challenge as in India wondering that marriage won't survive before stepping into it, is far a taboo and for this reason, considered to be against the public policy. As of now, prenuptials don't have any validity in India. Yes, two parties can sign an agreement before stepping into a marriage, and the courts will apprehend the settlement if both the parties together conform to it and sign it without external strain, affect or force. But all it's going to take is one party's allegation and the settlement can fall apart, leaving the individuals in a judicial loop.
 
Bibliography:
  • Live-in relationship legal definition of Live-in relationship (thefreedictionary.com)
  • Are you Ready For A Live-In Relationship? Pros, Cons, CompatibilityTest (jodilogik.com)
  • Cohabitation Agreements - FindLaw
  • Live-In Relationship: Here Are the Rights You Need to Know (thebetterindia.com)
  • The Pros and Cons of Prenuptial Agreements (thespruce.com)
  • Validity of pre-nuptial agreements in India - iPleaders
  • All you need to know about Prenuptial agreement in India - iPleaders
  • Are Prenuptial Agreements Valid in India? - Vakilsearch
End-Notes:
  1. Are you Ready For A Live-In Relationship? Pros, Cons, CompatibilityTest (. , ), https://blog.jodilogik.com/index.php/live-in-relationship/
  2. Live-In Relationship: Here Are the Rights You Need to Know ( Mar. 18, 2018), https://www.thebetterindia.com/132607/want-to-get-into-a-live-in-relationship-here-are-the-rights-you-need-to-know/.
  3. S Stritof, The Pros and Cons of Prenuptial Agreements ( Jan. 7, 2019), https://www.thespruce.com/prenuptial-marriage-agreements-2300430
  4. D Rai, Validity of pre-nuptial agreements in India ( Jan. 29, 2021), https://blog.ipleaders.in/validity-of-pre-nuptial-agreements-in-india/.
  5. Cohabitation Agreements - FindLaw ( Nov. 13, 2018), https://www.findlaw.com/family/living-together/nonmarital-agreement-living-together-contracts.html.
  6. A Pandey, All you need to know about Prenuptial agreement in India - iPleaders ( Mar. 5, 2017), https://blog.ipleaders.in/pre-nuptial-agreement-in-india-all-you-need-to-know/.
  7. S Stritof, The Pros and Cons of Prenuptial Agreements ( Jan. 7, 2019), https://www.thespruce.com/prenuptial-marriage-agreements-2300430
  8. Pre and Post Nuptial Agreements (. , ), https://www.knightsbridgesolicitors.co.uk/legal-services/family-law/nuptial-agreements/.
  9. A Pandey, All you need to know about Prenuptial agreement in India - iPleaders ( Mar. 5, 2017), https://blog.ipleaders.in/pre-nuptial-agreement-in-india-all-you-need-to-know/.
  10. D Kumar, Are Prenuptial Agreements Valid in India? - Vakilsearch ( Oct. 8, 2016), https://vakilsearch.com/advice/are-prenuptial-agreements-valid-in-india/.
  11. Pre and Post Nuptial Agreements, https://www.knightsbridgesolicitors.co.uk/legal-services/family-law/nuptial-agreements/.

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers



Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


LawArticles

How To File For Mutual Divorce In Delhi

Titile

How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Section 482 CrPc - Quashing Of FIR: Guid...

Titile

The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

Increased Age For Girls Marriage

Titile

It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Sexually Provocative Outfit Statement In...

Titile

Wednesday, Live Law reported that a Kerala court ruled that the Indian Penal Code Section 354, ...

UP Population Control Bill

Titile

Population control is a massive problem in our country therefore in view of this problem the Ut...

Privatisation Of Government Sector

Titile

Privatization of presidency Sector Although in today's time most of the services provided in ou...

Lawyers Registration
Lawyers Membership - Get Clients Online


File caveat In Supreme Court Instantly