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This Marriage Agreement, also referred to as a "pre-nuptial agreement",
between ABC and XYZ is entered into this _______ day of _____, between ABC, residing at '
and XYZ, residing at ___________ who hereafter shall be collectively referred to as 'the parties'.
WHEREAS, the parties declare and solemnly swear that they are presently unmarried and through this agreement put forth their intentions to be married to each other within the next _____ days/year. In anticipate of such a marriage, the parties have agreed to set pre-conditions and desire to settle various financial relationships they will enter during their marriage and on termination of their marriage through death, divorce, or otherwise.
Both parties agree that they have in their possession all the requisite information about each other's assets, liabilities, current source/s of income, and that the said information has been exchanged prior to entering into this marriage agreement, and is herein attached as Schedule A.
Both parties declare that they have had ample opportunity and time to scrutinize the financial disclosures made by the other party as mentioned in Schedule A.
Both parties declare that they enter into this agreement free from any duress or due to any obligation and put forth their signatures of their own free will. Each party owns separate property, attached to this agreement as Exhibits 1 and 2, and hereafter referred to as 'Separate Property'.
Both parties set forth in this marriage agreement their respective rights in and to all the property owned by each separately before marriage and all property that may be acquired separately after marriage.
In accordance with this marriage agreement, both parties agree as follows:
This marriage agreement will come into effect from the date of solemnization of the marriage between the parties.
The parties shall continue to retain all rights separately to the property or properties an income acquired, including appreciation, hereafter known as "Separate Property", and shall continue to have unrestricted rights to dispose of such 'Separate Property', free from any claim made by the other in lieu of their marriage. Both parties agree to let each other continue to enjoy the rights, title, and interest, of the 'Separate Property', without any interference or future claim to the monies that may accrue during the course of the marriage. For transparency, 'Separate Property' shall include any substitutions and exchanges of property in existence or income derived from such property. It also includes any other property purchased separately from the proceeds of sale from a third party of such property.
Both parties have the right to sell, encumber, or dispose of his or her 'Separate Property' or any part or parts thereof. The other person will cooperate and join in, if necessary, in such deeds, mortgages, or other instruments as the party desiring to sell or dispose of the 'Separate Property' may request.
Through this marriage agreement, each party relinquishes any right, title, or interest of whatsoever nature, whether arising out of common law or future statute, in the Separate Property of the other party. This includes and is not limited to distribution of intestacy or any other rights accruing from events prior to their marriage. Such waiver or relinquishment is not applicable with respect to any rights or entitlements any of the parties may have as the surviving spouse.
Both parties agree that they will not be entitled to receive any monies or property from the other as settlement of alimony, maintenance, or spousal support, other than what may be provided in this agreement.
Each party acknowledges that the statement of assets and liabilities attached with this marriage agreement as Exhibits 1 and 2 respectively, are true to their knowledge. Neither party can be deemed responsible for any financial obligations of the other beyond what may be provided in Exhibits 1 and 2 of this agreement.
This Agreement does not limit either party to contest any domestic relations suit against the other party. However, in such an event, this agreement can be provided as full and final settlement of property rights between the parties. No party has the right to claim against the other any property, legal fees, suit money, and other expenses which is not provided for in this agreement.
Both parties agree that this marriage agreement supersedes any prior agreements, representations, and covenants, oral or written.
Each provision in this agreement shall be binding upon the heirs, assigns, personal representatives, and successors of both parties.
If any provision in this agreement is deemed invalid or unenforceable due to laws laid down by the government authority, such provision/s shall be severed from the agreement. However, all the remaining provisions will remain in force.
Both parties have the right to modify this agreement upon the express written consent of both parties. loss or physical destruction of this marriage agreement shall not be deemed as a modification.
Both parties hereby acknowledge that they have read and understood the terms of this agreement before putting forth their signature and have been advised by their independent legal counsel on the rights, liabilities, and implications of this agreement.
Signed_________(ABC)
Signed_________(XYZ)
1. I, Sri / Smt/ Kumari …………………………………….declare as under:-
i) That I am unmarried / a widower / a widow
ii) That I am married and have only one wife living
iii) That I am married and my husband has no other living wife, to the best of knowledge.
iv) That I am married to a person who has already one wife or more living. Application for grant of exemption is enclosed.
2. The details of my spouse are:
a) Name: Sri/Smt. …………………………………………
b) Date of Birth of the spouse is: -- / -- / -------
c) Date of marriage is:-- / --/ ------
I solemnly affirm that the above declaration is correct and I understand that in the event of the declaration being found to be incorrect after my appointment, I shall be liable to be dismissed from service
_______________________ Signature (in full)
Date : _______________________
Name in CAPITALA Letters :__________________________
I, _____________________________________S/o. /D/o.___________________________________
R/o___________________________________________________________________,
Age_________ do hereby solemnly affirm and declare as under :-
1. That I got married to Mr./Ms.___________________________________________
S/o D/o Sh. ___________________________________________________________
R/o__________________________________________________________________
On ______________________ (date) at _____________________________________
according to Hindu rites and ceremonies.
2. That my date of birth is|_________________________ and at time of marriage I was __________ years old.
3. That I was unmarried till the time of marriage on ________ (date) and /or I did not have any other living spouse at the time of marriage
4. That at the time of marriage I was not related to ________________________________S/o D/o ______________________________________ with the prohibited degree of relationship and not spinals as per Hindu Marriage Act.
5. That I belong to Hindu Religion
6. That I am a citizen of India
Deponent
Verification
Verified at New Delhi on ___________________________ that the contents of this affidavit are true and correct to the best of my knowledge and nothing has been concealed there from.
Deponent
This agreement made on the______ day of______ in the year
Between___________________ (the ‘Bride’)
and
________________________ (the ‘Bridegroom’) all as specified Outlined below
Full Name ___________________________
Father’s Name ___________________________
Mother’s Name ___________________________
Date and Place of Birth: _______________________
Marital Status ____never married/divorced/ widowed_____
Address _________________________________
_________________________________
_________________________________
_________________________________
Full Name: ___________________________
Father’s Name ___________________________
Mother’s Name: ___________________________
Date and Place of Birth: ____________________________
III. Marital Status: never married/divorced/ widowed______
IV. Address: _________________________________
_________________________________
_________________________________
Bride's Advocate (representative) whom she hereby authorizes to perform the marriage: Groom's Advocate (representative) whom she hereby authorizes to perform the marriage:
The Bridegroom agrees to give the following marital gift to the Bride:
_______________________________________________________
_______________________________________________________
_______________________________________________________
_______________________________________________________
Signature of the Bride: ___________________________
Date: ___________________________
Signature of Bridegroom: ___________________________
Date: ___________________________
This is to certify that the marriage of the Bride and the Bridegroom named above was solemnized in accordance with Hindu rites, customs and ceremonies in accordance with Hindu Law
the ___________ day of month of ______________ in the year
Signature of the Advocate ___________________________
(representative of the Bride:
Name: ______________________________
Signature ______________________________
Signature of the Advocate ___________________________
(representative ) of the Bridegroom :
Name: ____________________________
Signature: ____________________________
Date : ____________________________
Marriage is being performed _________________________
Issued by the city: ________________________________
Date License issued: _____________________________________
Name and Registration
Number of the person
Solemnizing the marriage _____________________________
Signature of the Bride:
Date:
Witness of the Bride’s Signature
Name: __________________________________
Address: __________________________________
Date: ________________________________________
Signature of the Bridegroom ____________________________
Date: _______________________________________
Witness of the Bridegroom’s
Signature
Name: ______________________________________
Address: _______________________________________
Date: _________________________________________
The Marriage Contract is an agreement between the husband and the wife for the formalization and for the termination of Marriage. The agreement is an attempt to reinforce the underlying significance of the sanctity of marriage by highlighting the roles and duties of both parties, through the couple assuring themselves that the document can be relief upon in times of misunderstanding and through reducing external interferences.
The contract is designed not to complicate an already deteriorating situation in life but to facilitate efficient and swift operation of provision made by Hindu Law.
Marriage is a provision by Divinity to unite a man and a woman for purposes of procreation and satisfaction of our innate desires. It makes permissible what would be prohibited in other circumstances and maintain the nobility of descendants. It is an institution in which two personalities, Attitudes, mindsets and souls decide to live together and face all challenges of life in a manner that it pleasant to Almighty God.
Ideally, a man and a woman, willing to adapt to each other’s likes and dislikes, preferences, attitudes, etc. should be capable of living together until death do them apart. However, in the real world it is not so. Cognisant of the diversity in peoples’ nature, Divinity has provided a break clause for such a partnership and labeled it DIVORCE. This break clause, however, cannot be exercised easily and it remains the single permissible thing that Almighty God detests most.
| Stipulation | Bride | Bride Groom |
|---|---|---|
| The husband given an irrevocable authorization to the wife to appoint someone as his representative for divorcing her after seeking approval of the resident alim, or her father, or her brother in the following cases: | ||
| a) If the husband ill-treats and or physical abuses his wife to such an extent that it becomes extremely difficult for the wife to continue the marital relationship | ||
| b) If the husband abandons the wife such as she becomes a suspended woman neither married nor free to marry for more than six months continuously | ||
| c) If the husband is addicted to drugs and other intoxicants | ||
| d) If the husband obstructs the wife in the fulfillment of her religious obligations. | ||
| Distribution of assets | ||
| a) Everything possessed by either spouses before marriage (Marriage) shall remain their personal properties | ||
| b) All gifts endowed by the Bridegroom and his family shall be returned to the husband and all gifts endowed by the bride and her family shall be returned to the bride. | ||
Orc) All the gifts and presents exchanged in between them and their respective members at the time of their engagement, at the time of their marriage and thereafter shall be the at solute properties of the recipients and shall not be subject to any claim or recall by either of the parties in the event of the termination of the marriage |
||
| d) An amicable solution will have to be mutually agreed upon for all gifts endowed by non family | ||
| e) Only assets acquired/ used jointly during the tenure of marriage shall be divided equally. | ||
| Both parties agree upon that in the event of the termination of marriage, Divorce shall be made in accordance with the Hindu Marriage Law. | ||
| In case of dispute, the two parties shall appoint one or more arbitrators which decision will be respected. | ||
| The Bride and the Bridegroom also agree to the following stipulations: |
the Parties hereof known as the Bride and the Bridegroom have on their own will and accord, without any duress whatsoever, agreed without any reservation whatsoever, to the terms and conditions contained in this ‘marriage contract’ and have attested their initials and signatures in the presence of witnesses prior to the solemnizaito of their marriage.
Signature of the Bride: _____________________________
Date: _____________________________
Witness of the Bride’s Signature
Name: __________________________________
Address: ___________________________________
Date: ___________________________________
Signature of the Bridegroom ________________________________
Date: ________________________________
Witness of the Bridegroom’s
Signature
Name: ________________________________
Address: _________________________________
Date: _________________________________
Distribution of Assets (note 1, Clause 2b above). Gifts endowed by the Bride and her family which shall be returned to the bride:
__________________________________________________________
________________________________________________________________________________________________________________
________________________________________________________________________________________________________________
________________________________________________________________________________________________________________
________________________________________________________________________________________________________________
________________
Gifts endowed by the Bridegroom and his family which shall be returned to the husband:
__________________________________________________________
________________________________________________________________________________________________________________
________________________________________________________________________________________________________________
________________________________________________________________________________________________________________
________________________________________________________________________________________________________________
________________
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