|| Author: Duncan Riley|

Agreement Before Marriage In India

These agreements can be entered into under the Indian Contract Act of 1872. Section 10 of the Indian Contract Act provides that agreements are considered contracts if they are entered into with the free consent of the parties. [7] However, section 23 of the same Act provides that a contract may be null and void if it is contrary to the law or contrary to public order. [8] Some people feel that these agreements deprive the marital bond of care and affection and instead make it a social contract. The spouses are subject to pre-established conditions that transform them into emotionless mechanical beings. In reality, these agreements push the spouses to discuss the smallest details themselves before getting married. They will have the opportunity to raise any doubts, questions and fears that may have arisen in the future. It thus improves communication and improves links. [33] There are no state or federal laws that require adults with contractual capacity to hire an attorney to enter into a marriage contract such as a marriage contract, with the exception of a California law that requires the parties to be represented by an attorney when support is limited by the agreement. [34] A marriage contract can be challenged if it is proven that the contract was signed under duress.

[35] The signing of a pre-marital agreement under duress must be demonstrated by the facts and circumstances of the case. . . .

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