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Adultery Prenuptial Agreement Template for India

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Key Requirements PROMPT example:

Adultery Prenuptial Agreement

"I need an Adultery Prenuptial Agreement for a high-net-worth marriage planned for March 2025, with specific provisions for international assets in Dubai and Singapore, and clearly defined financial consequences including business asset protection."

Document background
The Adultery Prenuptial Agreement is a specialized legal instrument designed for couples in India who wish to establish clear consequences for adultery before entering into marriage. This document has gained particular relevance following the 2018 Supreme Court decision decriminalizing adultery, creating a need for civil remedies through private contracts. The agreement typically includes detailed definitions of adultery, financial consequences, property division arrangements, and evidence requirements. It's particularly suitable for high-net-worth individuals, public figures, or those with significant assets seeking to protect their interests. The document must comply with Indian contract law, personal laws, and constitutional principles while remaining sensitive to cultural and social contexts. Key considerations include enforceability under Indian law, protection of fundamental rights, and balance between parties' interests.
Suggested Sections

1. Parties: Identifies the prospective spouses entering into the agreement, including their full legal names, addresses, and occupations

2. Background: States the parties' intention to marry and their desire to establish clear terms regarding adultery and its consequences

3. Definitions: Defines key terms including 'adultery', 'matrimonial assets', 'separate property', and other relevant terms used in the agreement

4. Legal Status and Jurisdiction: Acknowledges Indian law as governing law and confirms the agreement's compliance with current legal framework post-decriminalization of adultery

5. Definition of Adultery: Specific detailed definition of what constitutes adultery for the purpose of this agreement, including required evidence standards

6. Financial Consequences: Details the financial implications if adultery is proven, including asset division, maintenance, and compensation

7. Property Rights: Specifies how matrimonial and separate property will be treated in case of adultery-triggered divorce

8. Dispute Resolution: Outlines the process for resolving disputes about alleged adultery and enforcement of agreement terms

9. Severability: States that if any provision is found invalid, the remainder of the agreement remains enforceable

10. Entire Agreement: Confirms that this document represents the complete agreement between parties regarding adultery provisions

Optional Sections

1. International Assets: Required when either party has significant assets outside India, detailing how foreign assets will be treated

2. Business Interests: Needed when either party owns business interests, describing protection of business assets and valuation methods

3. Social Media and Privacy: Optional section addressing social media conduct and privacy expectations regarding the disclosure of adultery

4. Counseling Requirement: Optional provision requiring marriage counseling before invoking adultery provisions

5. Religious Considerations: Required when parties wish to incorporate specific religious principles regarding adultery

6. Sunset Clause: Optional provision specifying when certain terms of the agreement expire or need review

7. Child Custody Considerations: Optional section addressing impact on child custody arrangements in case of adultery

Suggested Schedules

1. Schedule A - Pre-marital Assets: Detailed list of each party's assets and liabilities at the time of marriage

2. Schedule B - Protected Assets: List of specific assets protected from division in case of adultery

3. Schedule C - Financial Consequences: Detailed breakdown of financial penalties or settlements in case of proven adultery

4. Schedule D - Evidence Requirements: Specific procedures and standards for proving adultery

5. Appendix 1 - Independent Legal Advice: Certificates confirming both parties received independent legal advice

6. Appendix 2 - Financial Disclosures: Complete financial disclosures from both parties at the time of signing

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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