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India has no law on prenuptial or post nuptial agreements. Such agreements are not common in India and are contrary to Indian customs and views about marriage.
Postnuptial agreements are enforceable provided they are fair at the time they are made and fair at the time that they are sought to be enforced. Pacelli v. Pacelli, 319 N.J. Super. 185 (App.
A postnuptial agreement can protect each spouse's interests in the same way as a prenuptial agreement, since they can (and often do) opt-out of the same ?default? state marital laws and address the same topics.
Infidelity Clauses in Postnuptial Agreements First, the clause usually states that if the spouse is unfaithful, the other spouse will get more of their property upon divorce.
Postnuptial agreements must be in writing. Voluntary ? Both parties to a postnuptial agreement must have signed the agreement voluntarily and intentionally. Any indication that one spouse coerced or threatened the other into signing will make a postnuptial agreement null and void.
As long as your agreement fulfills California's legal requirements, the courts will consider it valid no matter how long you have been married. In fact, postnuptial agreements are most common among couples who have been married for years, as they understand better how much each party has to gain or lose.
It is created after a couple is married to define the rights and obligations of both partners if they were to separate or divorce. While it is entirely possible to construct your own postnuptial agreement, it is not typically recommended.