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Financial Prenuptial Agreement

Financial Prenuptial Agreement Template for India

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Key Requirements PROMPT example:

Financial Prenuptial Agreement

"I need a Financial Prenuptial Agreement drafted before my marriage in March 2025 that specifically protects my technology startup company and its intellectual property, while ensuring fair treatment of any joint assets we acquire during marriage."

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Document background
A Financial Prenuptial Agreement serves as a crucial legal instrument for prospective spouses in India who wish to establish clear financial arrangements before marriage. While prenuptial agreements are not explicitly recognized under Indian law, they are increasingly being treated as valid contracts under the Indian Contract Act, 1872, provided they meet all contractual requirements. This document is particularly relevant for high-net-worth individuals, business owners, or those with significant inherited assets who wish to protect their financial interests. The agreement typically covers aspects such as separate property rights, joint asset management, business interests, inheritance considerations, and financial obligations during marriage. It should be drafted with careful consideration of Indian personal laws, property laws, and tax regulations to ensure maximum enforceability within the Indian legal framework.
Suggested Sections

1. Parties: Details of both parties entering into the prenuptial agreement, including full legal names, addresses, and basic personal information

2. Background: Context of the agreement, including the intended marriage date and the parties' intention to clarify their financial rights and obligations

3. Definitions: Detailed definitions of key terms used throughout the agreement, including types of property, income, and other relevant financial terms

4. Separate Property: Detailed listing and classification of assets and liabilities that will remain separate property of each party

5. Joint Property: Definition and treatment of property acquired during marriage that will be considered jointly owned

6. Income and Earnings: Treatment of income, salary, bonuses, and business earnings during marriage

7. Financial Obligations: Details of how common expenses, household costs, and other financial obligations will be shared

8. Debt Liability: Treatment of existing and future debts, including personal loans, mortgages, and credit card debts

9. Inheritance and Gifts: Treatment of inherited property and gifts received before and during marriage

10. Dispute Resolution: Procedures for resolving any disputes arising from the agreement, including mediation and arbitration provisions

11. Governing Law: Specification of Indian law as governing law and relevant jurisdiction

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

13. Execution: Formal execution clause including requirements for witnesses and notarization

Optional Sections

1. Business Ownership: Specific provisions for handling business assets and future business ventures - included when either party owns or plans to start a business

2. Intellectual Property Rights: Provisions regarding intellectual property owned or created by either party - included for professionals, artists, or entrepreneurs

3. Religious Law Compliance: Specific provisions ensuring compliance with religious personal laws - included based on the religion of the parties

4. International Assets: Provisions for handling international property and assets - included when either party has foreign assets

5. Family Trusts and Inheritances: Specific provisions for family trusts or expected inheritances - included when applicable to either party

6. Maintenance Provisions: Specific provisions for maintenance or alimony in case of separation - optional based on parties' preferences

7. Children's Financial Provisions: Provisions regarding financial arrangements for existing children from previous marriages - included when applicable

Suggested Schedules

1. Schedule A - Separate Property of First Party: Detailed inventory of all assets and liabilities of the first party at the time of marriage

2. Schedule B - Separate Property of Second Party: Detailed inventory of all assets and liabilities of the second party at the time of marriage

3. Schedule C - Agreed Valuation Reports: Independent valuation reports for significant assets like businesses, real estate, or valuable personal property

4. Schedule D - Financial Disclosure Statements: Detailed financial disclosure statements from both parties including income, assets, and liabilities

5. Appendix 1 - Supporting Documents: Copies of relevant documents such as property titles, business ownership documents, and investment certificates

6. Appendix 2 - Family Trust Deeds: Copies of relevant family trust deeds or inheritance documents if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 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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