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Post Marriage Prenup

Post Marriage Prenup Template for India

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Key Requirements PROMPT example:

Post Marriage Prenup

"I need a Post Marriage Prenup agreement for a couple where one spouse is inheriting a significant family business in March 2025, and we need to ensure the business assets remain separate while fairly addressing shared marital property."

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Document background
A Post Marriage Prenup (postnuptial agreement) is utilized by married couples in India who wish to formally document their understanding regarding property rights and financial obligations after their marriage has already taken place. While Indian law does not explicitly recognize such agreements through statute, they may be enforceable under the Indian Contract Act, 1872, provided they meet general contractual requirements and don't contradict public policy or mandatory matrimonial laws. The document becomes particularly relevant for couples experiencing significant changes in financial circumstances, receiving inheritance, starting businesses, or seeking to clarify their financial arrangements for future security. It typically includes detailed provisions about existing and future asset division, maintenance obligations, business interests, and inheritance rights, while considering the applicable personal laws based on the parties' religion. The agreement requires careful drafting to ensure compliance with both secular and religious personal laws applicable in India.
Suggested Sections

1. Parties: Identification and details of both spouses including their full legal names, addresses, and marriage date

2. Background: Context of the agreement, including the fact of existing marriage, reason for creating a postnuptial agreement, and acknowledgment of mutual desire to define property rights

3. Definitions: Key terms used throughout the agreement including definitions of separate property, joint property, matrimonial home, and other relevant terms

4. Existing Property Rights: Declaration and confirmation of current ownership of assets and properties owned by each spouse

5. Future Property Rights: Agreement on how future acquisitions of property will be treated and owned

6. Financial Obligations: Mutual financial responsibilities, including household expenses, debts, and liabilities

7. Maintenance Provisions: Arrangements for spousal maintenance/alimony in case of separation, subject to court jurisdiction

8. Dispute Resolution: Process for resolving disagreements about the interpretation or implementation of the agreement

9. Governing Law: Specification that Indian law governs the agreement and acknowledgment of relevant personal laws

10. Severability: Provision stating that if any part of the agreement is found invalid, the rest remains in force

11. Modification: Process for making any future changes to the agreement

12. Execution: Signing requirements and witness provisions

Optional Sections

1. Business Interests: Specific provisions for existing or future business ownership and management, used when either spouse owns or plans to own a business

2. Intellectual Property Rights: Provisions regarding ownership and rights to intellectual property, used when either spouse has significant IP assets

3. Religious Law Compliance: Additional provisions ensuring compliance with religious personal laws, used when parties follow specific religious laws

4. Children's Provisions: Provisions regarding children's expenses and education, used when there are children from current or previous marriages

5. Foreign Assets: Specific provisions for assets located outside India, used when either party has international assets

6. Family Heirlooms: Special provisions for family heirlooms or inherited properties, used when protecting specific family assets

7. Digital Assets: Provisions regarding ownership and management of digital assets, used when significant digital assets exist

Suggested Schedules

1. Schedule A - Separate Property of First Party: Detailed list and values of all assets owned by the first party prior to or during marriage

2. Schedule B - Separate Property of Second Party: Detailed list and values of all assets owned by the second party prior to or during marriage

3. Schedule C - Joint Property: List and details of all jointly owned properties and assets

4. Schedule D - Financial Disclosure: Complete financial disclosure by both parties including income, assets, and liabilities

5. Schedule E - Family Heirlooms and Inherited Assets: Detailed list of family heirlooms and inherited properties with specific provisions

6. Appendix 1 - Supporting Documents: Copies of property documents, bank statements, and other relevant supporting documentation

7. Appendix 2 - Independent Legal Advice Certificates: Certificates confirming both parties received independent legal advice before signing

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 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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