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Simple Prenuptial Agreement Template for India

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Key Requirements PROMPT example:

Simple Prenuptial Agreement

"I need a Simple Prenuptial Agreement under Indian law to protect my family business interests and inherited property, with special provisions for my technology startup that's currently in pre-IPO stage."

Document background
The Simple Prenuptial Agreement is a crucial document for couples planning to marry in India who wish to establish clear terms regarding their financial and property rights. While prenuptial agreements aren't explicitly recognized in Indian legislation, they can be enforced under the Indian Contract Act, 1872, if properly structured. This document becomes particularly important when either party has substantial assets, business interests, or inheritance expectations. The agreement typically includes comprehensive details about separate and marital property, financial obligations, maintenance provisions, and dispute resolution mechanisms. It's essential to note that while such agreements must comply with Indian contract law, they cannot override mandatory provisions of personal laws or contradict public policy. The Simple Prenuptial Agreement serves as a preventive measure to avoid future disputes and provides clarity regarding financial matters between prospective spouses.
Suggested Sections

1. Parties: Identification and details of both parties entering into the prenuptial agreement

2. Background: Context of the agreement, including the intended marriage and purpose of the prenuptial agreement

3. Definitions: Definitions of key terms used throughout the agreement

4. Separate Property: Detailed provisions regarding property owned by each party before marriage and its treatment during and after marriage

5. Marital Property: Provisions regarding property acquired during marriage and its division

6. Financial Disclosure: Declarations regarding full disclosure of assets, liabilities, and financial obligations by both parties

7. Rights and Obligations: General rights and obligations of both parties during marriage and in case of dissolution

8. Maintenance and Support: Provisions regarding spousal maintenance and support in case of separation or divorce

9. Dispute Resolution: Procedures for resolving disputes related to the agreement

10. Governing Law: Specification of Indian law as the governing law and relevant jurisdictional details

11. Severability: Provision stating that if any part of the agreement is found invalid, the rest remains enforceable

12. Execution: Details of execution, witnessing, and registration of the agreement

Optional Sections

1. Business Interests: Provisions regarding treatment of business assets and interests, used when either party owns a business

2. Inheritance Rights: Specific provisions regarding inheritance rights, particularly relevant when there are family assets or expected inheritances

3. Religious Considerations: Special provisions accounting for religious laws and customs, used for inter-religious marriages

4. Children from Previous Marriages: Provisions protecting interests of children from previous marriages, if applicable

5. Intellectual Property Rights: Provisions regarding intellectual property owned by either party, used when relevant

6. Foreign Assets: Special provisions for assets located outside India, used when either party has international holdings

7. Life Insurance: Provisions regarding life insurance policies and beneficiaries

8. Debt Allocation: Detailed provisions about handling of pre-existing and future debts, used when significant debt exists

Suggested Schedules

1. Schedule A - Assets of First Party: Detailed list of all assets owned by the first party at the time of agreement

2. Schedule B - Assets of Second Party: Detailed list of all assets owned by the second party at the time of agreement

3. Schedule C - Liabilities of First Party: Detailed list of all liabilities of the first party at the time of agreement

4. Schedule D - Liabilities of Second Party: Detailed list of all liabilities of the second party at the time of agreement

5. Schedule E - Excluded Assets: List of assets specifically excluded from the agreement

6. Appendix 1 - Financial Disclosure Statements: Detailed financial statements from both parties

7. Appendix 2 - Certificates and Valuations: Relevant certificates, property valuations, and supporting documents

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

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