#Prenuptial Agreement India

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Prenuptial agreements in India

Prenuptial agreements, commonly referred to as prenups, are a staple in many Western legal systems, providing couples with a framework to manage their assets and liabilities in the event of a divorce. However, in India, prenuptial agreements do not hold the same legal standing. Despite their lack of enforceability under Indian law, a recent ruling by the Mumbai High Court suggests that prenups can still play a significant role in determining the intent of the parties involved. This article explores the legal status of prenuptial agreements in India, the implications of the Mumbai High Court ruling, and the potential role prenups can play in the Indian legal system.

Judicial Interpretation

Vishaka v. State of Rajasthan (1997): This seminal case led to the formulation of guidelines to prevent sexual harassment at the workplace, which the 2013 Act later codified. The guidelines recognized the profound impact of mental harassment on women’s health and productivity.

Shobha Rani v. Madhukar Reddi (1988): The Supreme Court acknowledged mental cruelty as a ground for divorce, emphasizing the importance of mental well-being in marital relationships.

S. R. Batra v. Taruna Batra (2007): This case underscored the need for protection orders to prevent mental and physical harassment within the household.

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Hardik Pandya - Natasa Stankovic Divorce: A Look At Validity Of Prenuptial Agreements In India | Relationships News

Hardik Pandya-Natasa Stankovic Divorce: While rumours have been doing the rounds for several months, Indian cricketer Hardik Pandya and Serbian model Natasa Stankovic have now officially announced their decision to divorce. In a joint statement released on July 18, the couple said that they are mutually parting ways and wrote “We tried our best together and gave it our all, and we believe this is…

[seolawchef]

Legal Rights and Responsibilities After Marriage Registration

Marriage registration in India provides a legal framework for the union of two individuals, ensuring that their rights and responsibilities are recognized and protected under the law. This article, written on behalf of LawChef, a leading legal firm, explores the legal rights and responsibilities that come into effect after marriage registration. Understanding these aspects is crucial for couples to ensure they are aware of their legal standing and obligations.

Importance of Marriage Registration

Marriage registration not only validates the union but also offers numerous benefits and protections. It serves as legal proof of marriage, necessary for various administrative purposes and helps in safeguarding the rights of both spouses and their children.

Legal Rights After Marriage Registration

1. Right to Maintenance

Under Indian law, both spouses have the right to seek maintenance from each other. This right is recognized to ensure financial support and stability within the marriage.

2. Right to Inheritance

Marriage registration confers legal rights of inheritance. In the absence of a will, the surviving spouse is entitled to inherit the deceased spouse's property according to the Hindu Succession Act, 1956, or other relevant personal laws.

3. Right to Property

Both spouses have the right to claim a share in the matrimonial property. This includes jointly acquired assets during the marriage, which are considered shared property.

4. Right to Marital Support

Marriage registration ensures that both spouses are entitled to mutual support and companionship, as recognized by law. This encompasses emotional, physical, and financial support.

5. Right to Custody and Guardianship

In the event of a dispute, registered marriages provide clear legal grounds for claiming custody and guardianship of children. The best interests of the child are considered paramount in such cases.

6. Right to File for Divorce

Marriage registration provides legal grounds for filing for divorce. Registered marriages can be dissolved legally through divorce proceedings, with the couple having the right to seek legal remedies.

Legal Responsibilities After Marriage Registration

1. Responsibility to Provide Maintenance

Both spouses have the responsibility to provide maintenance to each other. This includes financial support for daily expenses and ensuring the welfare of the family.

2. Responsibility to Support Children

Both parents are legally responsible for the upbringing, education, and welfare of their children. This includes financial support, custody, and guardianship.

3. Responsibility to Share Assets

Spouses have the responsibility to share matrimonial assets acquired during the marriage. This includes joint ownership and equitable distribution of property.

4. Responsibility to Uphold Marital Duties

Both spouses are expected to uphold their marital duties, including fidelity, mutual respect, and support. These responsibilities are legally recognized and enforceable.

5. Responsibility to Honor Legal Agreements

Any prenuptial or postnuptial agreements made between the spouses are legally binding and must be honored. These agreements can cover various aspects of the marriage, including property division and maintenance.

Role of a Marriage Dispute Lawyer

A marriage dispute lawyer plays a crucial role in navigating the legal rights and responsibilities after marriage registration. Here’s how they can assist:

1. Legal Advice and Representation

A marriage dispute lawyer provides expert legal advice on the rights and responsibilities of spouses. They represent clients in legal proceedings related to maintenance, property disputes, and divorce.

2. Document Preparation and Verification

Lawyers assist in preparing and verifying legal documents related to marriage registration, property agreements, and other matrimonial matters.

3. Dispute Resolution

In case of matrimonial disputes, a marriage dispute lawyer can mediate and resolve conflicts, protecting the rights and interests of both spouses.

4. Guidance on Matrimonial Laws

LawChef’s team of experienced lawyers offers personalized guidance to couples, helping them understand and navigate the complexities of matrimonial laws in India.

Conclusion

Understanding the legal rights and responsibilities after marriage registration is essential for couples to ensure their marriage is legally recognized and protected. By seeking the assistance of a marriage dispute lawyer, couples can effectively navigate the legal aspects of their marriage. LawChef, with its team of experienced lawyers, offers comprehensive legal services to help couples with marriage registration and related issues. For more information and personalized legal assistance, contact LawChef today.

[meera1990-tiwari]

Divorce Lawyer In rohini Court Delhi

Going through the process of divorce could prove to be one of the most challenging and emotionally taxing experiences in a person's life. Divorce involves dissolving a legal and emotional partnership meant for a lifetime. During these difficult times, the right support and appropriate guidance can make a world of difference, and this is where a Divorce Lawyer in Rohini Court Delhi comes into play.

Divorce and similar legal provisions are quite complicated. It is important to appoint an experienced advocate from Sharks of Law, as you will have to make numerous decisions that may affect the rest of your life. A person in a highly emotional situation can be overwhelmed, affecting their ability to make informed decisions. An experienced Divorce Lawyer in Rohini Court Delhi is in your best interest. Here are some situations where an experienced lawyer can help:

Contested Divorce: In a contested divorce, partners do not agree on major issues to end their marriage successfully. One partner may wish to end the marriage while the other may not. An experienced Divorce Lawyer in Rohini Court Delhi will offer you necessary advice on the applicable legal provisions based on which divorce can be granted in court.

Divorce Mediation: Mediation is a common practice during divorce proceedings in India. It involves resolving issues among the parties without moving to court. A mediator helps the partners reach a settlement amicably. If mediation fails, Sharks of Law can help you understand the legal provisions involved and offer legal counsel for the divorce process.

Child Custody: Another important decision during divorce is the custody of the children, determined by financial position, employment, or other responsibilities of the parents. Sharks of Law makes the process of ensuring child custody much easier.

Child and Spousal Support: Divorce involves issues regarding the maintenance of children and the spouse dependent on the other. Divorce lawyers in Rohini court delhi can offer necessary assistance regarding this entire procedure.

Prenuptial Agreements: Experienced divorce lawyers at Sharks of Law ensure that prenuptial agreements meet the needs of each partner and are legally valid. In case of separation, they help draft and review agreements, ensuring the rights of the parties are protected.

Conclusion: During the tumultuous journey of divorce, the guidance and expertise of an experienced Divorce Lawyer in Rohini Court Delhi are invaluable. Dealing with legal complexities and offering appropriate guidance and advice, the role of an advocate cannot be ignored. By entrusting your case to a professional at Sharks of Law, you can handle the procedure with greater resilience and secure your rights and future well-being.

Email: helpdesk@sharksoflaw.com Help Desk: +91-88770-01993

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Minimizing Maintenance to Wife During Divorce Proceedings in India

Introduction

When navigating the challenging terrain of divorce proceedings in India, it's crucial to approach the situation with sensitivity and prudence. Divorce Lawyer Delhi can play a pivotal role in ensuring a smooth process while minimizing the financial burden on the husband, especially in terms of maintenance to the wife. In this comprehensive guide, we delve into strategic approaches to navigate divorce proceedings in India efficiently.

Understanding Maintenance Laws in India

The Legal Landscape

Divorce Lawyer Delhi professionals comprehend the intricate legal framework governing maintenance in India. The maintenance laws, defined under Section 125 of the Criminal Procedure Code (CrPC) and the Hindu Marriage Act, aim to provide financial support to the wife during and after divorce proceedings. Our expertise ensures a nuanced understanding of these laws to safeguard your interests.

Strategic Financial Planning

We emphasize the significance of meticulous financial planning during divorce proceedings. Our expert team analyzes the financial aspects comprehensively, considering assets, liabilities, and income. This strategic approach assists in presenting a fair and accurate financial picture, ultimately influencing maintenance decisions in your favor.

Effective Communication and Documentation

Transparent Communication

Clear communication is paramount in minimizing maintenance obligations. Our team excels in articulating your stance, ensuring that all relevant information is presented in a compelling manner. Effective communication becomes a powerful tool to influence the court's decision positively.

Comprehensive Documentation

Thorough documentation is the backbone of a successful case. Our meticulous approach involves gathering all necessary documents, such as financial records, property details, and evidence of any prenuptial agreements. This comprehensive documentation reinforces your case, strengthening the negotiation position and minimizing the financial implications of maintenance.

Navigating Legal Strategies

Mediation and Alternative Dispute Resolution (ADR)

Exploring mediation and ADR avenues can significantly mitigate the financial strain associated with maintenance. Our adept legal team guides you through these alternative routes, promoting amicable settlements that are not only cost-effective but also minimize the emotional toll on all parties involved.

Strategic Negotiation

Mastering the art of negotiation is a key element in reducing maintenance obligations. Our seasoned negotiators employ strategic approaches tailored to the specific nuances of your case, ensuring a favorable outcome. By leveraging our negotiation skills, we aim to secure a settlement that aligns with your financial capabilities.

Why Choose Us?

Proven Track Record

Choosing the right legal representation is paramount in minimizing maintenance obligations. At NC Sharma Law Firm, our team boasts a proven track record of successful cases, showcasing our expertise in achieving favorable outcomes for our clients.

Tailored Legal Strategies

We understand that each divorce case is unique. Our legal experts tailor strategies to the specific circumstances of each client, ensuring a personalized and effective approach to minimizing maintenance.

Timely Resolution

Our commitment to timely resolution sets us apart. We prioritize efficiency without compromising on the quality of legal representation. This ensures that our clients can move forward with their lives without prolonged legal battles.

Conclusion 

If you are seeking a Divorce Lawyer in Delhi with a proven track record in minimizing maintenance obligations, look no further. Visit ncsharmalawfirm.com to explore how we can guide you through the complexities of divorce proceedings, providing the legal expertise and support you need.

Reference URL :- Minimizing Maintenance to Wife During Divorce Proceedings in India

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Navigating the Complex World of Matrimonial Law: Nextlegal - Your Trusted Partner in Bangalore"

Marriage is a beautiful union, but sometimes, it can become a complicated web of legal issues. When relationships hit the rocky road and divorce seems to be the only option, it's crucial to have the support of a reliable matrimonial lawyer. In the heart of India's Silicon Valley, Bangalore, you'll find the best matrimonial lawyers at Nextlegal who can guide you through the intricate maze of matrimonial laws. In this blog, we'll explore the essential role of matrimonial lawyers, the services Nextlegal offers, and why they stand out as the top choice for individuals seeking legal guidance in family matters.

Understanding the Role of Matrimonial Lawyers:

Matrimonial lawyers are legal experts specializing in family law, which encompasses a wide range of issues, including divorce, child custody, alimony, and property disputes. Their primary role is to assist clients in resolving disputes related to marriage and family, ensuring that the legal process is smooth and fair. In Bangalore, Nextlegal is renowned for its team of experienced matrimonial lawyers who are well-equipped to tackle these challenges.

Why Nextlegal?

Expertise and Experience:

Nextlegal's matrimonial lawyers have a deep understanding of family law in India. With years of experience in handling diverse cases, they have honed their skills to offer the best legal representation. These experts know the nuances of the legal system, allowing them to navigate it effectively on your behalf.

Customized Solutions:

Every family and marriage is unique, and Nextlegal recognizes this fact. They provide customized solutions that address the specific needs of each client. Whether you are dealing with a complex divorce case, a child custody battle, or property disputes, Nextlegal tailors their approach to achieve the best possible outcome for you.

Compassion and Empathy:

Legal battles in the family domain can be emotionally draining. Nextlegal's team understands the emotional turmoil that clients go through and offers a compassionate and empathetic approach. They support their clients not only as legal representatives but as understanding allies during a challenging phase of life.

Strategic Planning:

Matrimonial cases often require meticulous planning and a strategic approach. Nextlegal's lawyers are known for their thorough and strategic planning, ensuring that every aspect of the case is considered to secure the best results for their clients.

Services Offered by Nextlegal:

Divorce Cases:

Going through a divorce can be emotionally taxing, and it's important to have a legal expert by your side to protect your rights and interests. Nextlegal's lawyers are skilled in handling divorce cases, whether they are amicable or contentious. They guide you through the legal process, ensuring a fair division of assets, child custody arrangements, and the resolution of alimony and maintenance issues.

Child Custody and Support:

When children are involved, custody and support issues are paramount. Nextlegal understands the importance of children's welfare and works tirelessly to ensure the best interests of the child are protected. Their lawyers strive to create custody arrangements that are in the child's best interests, providing a stable and supportive environment.

Property Disputes:

Property disputes can further complicate an already challenging situation. Nextlegal's lawyers are well-versed in property laws and can assist in resolving property disputes arising from divorces or inheritances. Their goal is to ensure a fair and equitable distribution of assets.

Alimony and Maintenance:

The issue of alimony and maintenance is often contentious, and it requires a thorough understanding of the law. Nextlegal's lawyers help their clients navigate these issues and negotiate settlements that are just and fair.

Prenuptial Agreements:

Prevention is often better than cure. Nextlegal assists clients in drafting prenuptial agreements to protect their assets and interests in case of a future separation or divorce. This proactive approach can save a lot of time, money, and emotional distress down the road.

Why Choose Nextlegal Over Others?

Proven Track Record:

Nextlegal has a history of successfully resolving complex matrimonial cases. Their track record of satisfied clients speaks to their competence and dedication.

Prompt and Responsive:

Legal matters can be time-sensitive. Nextlegal is known for its prompt and responsive communication with clients, ensuring that their concerns are addressed promptly.

Affordable Services:

Legal representation can be expensive, but Nextlegal believes in providing quality services at competitive rates. They understand the financial strains that can come with legal matters and strive to make their services accessible to a wide range of clients.

Transparent and Honest:

Honesty and transparency are the cornerstones of Nextlegal's practice. They provide clients with clear and honest assessments of their cases, helping them make informed decisions.

Client-Centric Approach:

Nextlegal places the needs and concerns of their clients at the forefront of their practice. They are committed to helping clients achieve the best possible outcome in their family law matters.

Conclusion:

Matrimonial legal matters are some of the most emotionally charged and complex cases one can face. In Bangalore, Nextlegal stands out as the best choice for individuals seeking expert guidance in these matters. With a team of experienced and compassionate matrimonial lawyers, Nextlegal offers a comprehensive range of services to help you navigate the legal intricacies of divorce, child custody, alimony, and property disputes. Their commitment to personalized solutions, strategic planning, and a client-centric approach makes them the top choice for those seeking the best matrimonial lawyers in Bangalore. When your family's future is at stake, Nextlegal is your trusted partner to guide you through the legal complexities and ensure a fair and just resolution.

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Divorce law firms for NRI in India

Divorce law firms for NRI in India are legal practices that specialize in providing legal services related to divorce and family law matters. Whizlegal have a team of experienced divorce lawyers or family law attorneys who can assist individuals or couples going through the divorce process. It is the best legal firm for NRI in India that deals with all the legal issues.

Here are some of the services and expertise you can expect from divorce law firms:

Divorce Proceedings: Divorce law firms can help you navigate the legal process of ending your marriage, whether it's a contested or uncontested divorce. They will assist you in filing the necessary paperwork, negotiating terms with your spouse, and representing your interests in court if needed.

Child Custody and Support: If children are involved, divorce attorneys can help you establish child custody arrangements, visitation schedules, and child support agreements that are in the best interests of the children.

Property and Asset Division: Divorce often involves the division of marital property and assets. Divorce lawyers can help you understand your rights and work to ensure that assets are distributed fairly according to applicable laws.

Spousal Support (Alimony): If spousal support is applicable in your case, divorce law firms can assist in negotiating and establishing the terms of alimony payments.

Mediation and Alternative Dispute Resolution: Some divorce cases can be resolved through mediation or other alternative dispute resolution methods. Divorce attorneys can guide you through these processes to reach amicable settlements when possible.

Prenuptial and Postnuptial Agreements: Many divorce law firms also assist clients in drafting prenuptial or postnuptial agreements, which can define the terms of property division and spousal support in the event of divorce.

Protection Orders and Restraining Orders: In cases involving domestic violence or abuse, divorce lawyers can help clients obtain protection orders or restraining orders to ensure their safety.

Post-Divorce Modifications: If circumstances change after a divorce, such as income levels or the needs of children, divorce attorneys can help you seek modifications to existing court orders.

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Prenuptial Agreements in India, Limited Legal Protection

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Dallas Law Agency Headed To Downtowns Financial Institution Of America Plaza

Susheela was very friendly and took the time to completely understand our state of affairs. She gave me a transparent answer whereas other law workplaces I tried to contact would not even speak to me earlier than organising an appointment. Suppose a judge has determined that the circumstances of a divorce are acceptable to include spousal assist probate lawyer mckinney tx. In that case, the decide will then order one ex-spouse to pay the opposite monthly payments, referred to as spousal assist, as soon as the wedding has legally ended. In some cases, if there's a prenuptial or postnuptial agreement, the amount is set through this settlement somewhat than by a choose.

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Investigating Your Future: The Benefits of Pre-Marriage Background Checks by a Detective Agency

Investigating a potential spouse before marriage is a smart decision that can save a lot of heartache and potential financial ruin down the line. Many couples are now turning to a detective agency to conduct a pre-marriage background check on their future partner, and it’s easy to understand why. With the help of a detective agency, couples are able to get a deeper understanding of their partner’s past and assess any potential risks that may be present.

When couples turn to a professional Detective agency to conduct a background check, they are able to rest assured knowing that they are getting reliable, accurate information. The checks are typically done in a discreet and professional manner, so that the privacy of both parties is respected. Furthermore, the agency can provide a thorough and comprehensive background check that covers a variety of topics, such as past relationships, financial history, criminal history, and more.

Having a pre marriage background check india done before marriage can provide couples with peace of mind and can help to identify any potential issues that may arise in the future. For example, if a background check reveals that a partner has a history of financial troubles or has been involved in criminal activity, it can provide an opportunity for the couple to discuss these issues and make an informed decision about their future. Additionally, it can help to identify any potential red flags that may not be apparent during the courtship phase of the relationship.

Couples can also benefit from a pre marriage background check in other ways. For instance, if a couple is considering a prenuptial agreement, a background check can help to ensure that both parties are fully informed about their partner’s financial situation. Furthermore, it can provide insight into any potential heirs that may be entitled to a portion of the estate in the event of a death.

In conclusion, a pre-marriage background check conducted by a professional detective agency can provide couples with peace of mind and help to ensure that they make an informed decision about their future. By having a background check done, couples can rest assured knowing that they are making the best decision for their future together.

Aris Detectives agency most trusted and awarded pre matrimonial investigation agency in India . If you are Looking best detectives agency in India Call Us — 7250002782. We provides excellent investigation service before pre marriage

Source:- https://arisdetectives.com/the-benefits-of-pre-marriage-background-checks-by-a-detective-agency/

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PRE - NUPTIAL AGREEMENTS [CRITICAL EVALUATION]

PRE-NUPTIAL AGREEMENT IN INDIA

Pre – Nuptial Agreements are the new trend now. Starting from the foreign countries where a Pre – Nuptial is very common these days the same has come into force in India and has ever grown in the society.

The term Pre – Nuptial also known as [PRE – NUP] or Pre – Marital agreements has been widely used in India on and after 2016.

In my blog I shall discuss all the details which a lay man should know about such agreements. My blog shall cover the following topics in chronological order.

1.     What is a Pre – Nuptial Agreement?

2.     Where has the idea come from

3.     What are the views of PRE – NUP in India?

4.     Pre – Nup and Personal laws

5.     Pre – Nup and MOU

6.     Requirements for a Pre – Nup

7.     Is a Pre – Nuptial agreement legal in India?

8.     What are the pros and cons of Pre – Nuptial agreement

9.      Conclusion

WHAT IS A PRE – NUPTIAL AGREEMENT?

A Pre – Nuptial agreement is a before marriage contract which is made between two parties namely

1.     The Husband and

2.     The Wife

Such an agreement is executed before the marriage ceremony which must be signed, registered and shall be notarised as a document.

A Pre – Nuptial agreement is a formal and written agreement which is duly signed and witnessed by the two parties above named.

It shall list all the articles which were exchanged between the parties at the time of marriage. I.e. [Gifts/valuables given from the groom’s side to the bride and vice versa].

A Pre – Nuptial agreement primarily covers the following issues. They are:

1.     Distribution of Property

Ø Whether acquired Jointly/Individually during the time of marriage.

2.     The custody details of the children.

3.     The liabilities for the children. I.e. [who takes how much responsibility for the upbringing of the child]

4.     Setting up the maximum cap for claiming alimony. ETC

The very basic purpose of this agreement is to safeguard the interest of both the parties. As we all know marriage is a big responsibility and breakdown of the same can happen for a variety of reasons in the future which cannot be predicted at that very moment.

As the saying goes “precaution is better than cure”, a Pre – Nuptial agreement is a precautionary measure taken by the parties safeguarding their interests if in case there need be to take a divorce.

Such an agreement also makes the process of divorce smooth and hassle free.

WHERE HAS THE IDEA COME FROM?

The idea of such agreement has come from the western nations. The concept of Divorce being prominent there had brought about this change where spouses could enter into such a contract and pre decide the consequences if the marriage falls apart.

It is stated that about 60-65% of the spouses in foreign countries enter into a Pre – Nuptial agreement. Hence this trend is followed in foreign nations.

However, the same is not seen in India due to a variety of reasons.

The major factor being “the social stigma”

WHAT ARE THE VIEWS OF PRE – NUPTIAL AGREEMENT IN INDIA?

However contrasting it may sound, but the idea of Pre Nuptial agreements are very similar to Euthanasia.

Similar to Euthanasia, PRENUPS have a divided view and has no statutory law to clearly decide upon the concept.

The baseline is that: The legal system in India does not hold such agreements as legal however, there is no categorical law governing the same.

The views on Pre – Nuptial agreements are as follows

1.     Governed by the law of contract

Ø Pre – Nuptial agreements are said to be governed by the contract laws of India as for the validity of the same they need to satisfy all the essential ingredients which are laid down vis proviso 10 of the Indian Contract Act, 1860.

Ø As such these agreements are not governed by matrimonial or personal laws of the land but are governed as separate contract laws. This is because the basic crux of this agreement and the binding force is on the dependency of fulfilment of directions and clauses mentioned in the contract thereof and breach of the same would be a breach of contract similar to that of the contract act.

Ø That the nature of such agreement is contractual and hence shall not be dealt with matrimonial laws but the Contract Act, 1860.

2.     Void u/s 23 of The Indian Contract Act, 1860

Ø Pre – Nuptial agreements are said to be violative u/s 23 of the Indian Contract Act, 1860 on the grounds of

·        Defeating the provisions of personal laws

·        Immoral and

·        Opposed to Public Policy

As we all know that marriage in India is not a contract but is said to be a sacrament. Even if we look at the Muslim personal law, the conflict of Nikah as a contractual marriage is very well explained and negated.

Marriage as an institution is based on customs, usages and other sacraments and is not based on any sort of contractual obligation. It has more morality and values than obligations and paperwork.

As such these agreements are said to be void u/s 23 of the said Act.

3.     Special Marriage Act

Ø Pre – Nuptial agreement are accepted to be binding if in case the marriage has been solemnised under the Special Marriage Act and that all the relevant documents have been provided to the registrar.

PRE – NUP AND PERSONAL LAWS

With reference to Pre – Nuptial agreement and Personal Laws there are certain disagreements. Personal Laws are based completely on sanctions, morals, ethics and customs. Whereas Pre – Nup is a western concept completely derogatory to the ethics and values levied by the personal laws.

All the personal laws see marriage as a sacrament and not a contract. The basic idea of a personal law is to keep the marriage intact.

The concept of divorce and annulment of marriage is not at all accepted.

Etymologically speaking annulment of marriage was said to be the last resort.

In case of these agreements they destroy the very crux of adjustment and compromise which is a much-needed thing for the right working of a marital life.

The Pre – Nup on the contrary lays down individual interests and a rule of thumb to be followed. Unlike science, marriage has no formula and to make it work both the people involved in it must be in complete sync which these Pre – Nups will never allow.

It is treated as an easy way out and to shove away all the responsibilities which come in the way of marriage.

PRE – NUP AND MOU

There lies a fair bit of confusion between MOU and Pre – Nup. Both of them are treated as one and the same.

However, an MOU is made generally at the time of dissolution of marriage and a Pre – Nup is created before the marriage to decide over in advance how such breakdown will be dealt.

MOU can however be an alternative to a Pre – Nup but they cannot be the same.

Though both of them are made for the same concept and the have a lot of peculiar similarities, both of them cannot be said to be the same. There lies a thread line difference between both of them.

Though to a layman both would look one and the same but when we dig into the technicalities of both of them are completely different.

REQUIREMENTS FOR A PRE – NUP

Now we shall discuss what are the essential requirements for a Pre – Nuptial agreement.

A Pre – Nuptial agreement shall contain the following:

Pre – Nups create certain rights and liabilities for the spouses which are common in nature and should be followed accordingly. In the light of this, there are certain common clauses which are found in almost all such agreements. In my blog, I shall be discussing such points in detail and its effect for the same and also its use.

1.     Separate Property and Shared Property

Any property which is owned or acquired by either the husband or the wife during the lifetime of the marriage irrespective of the fact that on whose name has such property been taken shall be deemed to be joint property and shall be distributed and divided equally at the time of such separation/dissolution. Such property shall be called marital property or Shared Property.

The spouses may however, if the need be classified and specify certain property which will not be divided and shall be deemed to be Separate Property.

2.     Earnings during the marriage

It is a well-known fact that the earnings of both the spouse together accumulates the income of the family and it is upon the contribution of both that they run a family financially. Finances are thus shared according to the income standard of the husband and wife individually. In case of dissolution the income may be asked to shared and thus to avoid such a scenario both the spouse add a clause by way of which such earnings become separate property, subject to the responsibility towards payment of alimony and maintenance.

3.     Provisions relating to Alimony/Maintenance/Support/Custody of Children etc

Pre – Nups also provide the settlement for Alimony/Maintenance/Support etc. As we all know that Alimony and Maintenance is one of the biggest questions after marriage. To avoid this, the spouse, decide over the same prior to the dissolution making it non – litigious and simple to handle. The following questions are dealt with in such clause. They are:

·        What should be the amount of alimony or maintenance to be given if the spouse is earning?

·        If the spouse if not earning, what should be the amount of support given to him/or her?

·        What shall be the changes in such payment if the spouse who [at the time of dissolution of marriage] was not earning and subsequently starts to earn?

·        Custody and support of children

·        If there is more than one child then how shall responsibilities and support be distributed?

·        Who shall take how much burden of the finances and maintenance of the child?

By adding such a clause, it makes the work of the court easier to deal with such amounts as has been already pre – decided by the parties with free consent. Hence the same shall be working and complied with.

4.     Transfer of Property

The spouses upon their choice decide upon the transfer of their property and the disposition of the same upon their death. They can also include wills and codicils thereto. Irrespective of the obligations that the husband and the wife hold under such agreement, this clause shall stand independent. However, such a clause shall be enforced with caution as both the spouse might find it as a small window to do away with their responsibilities by making such clause as independent [notwithstanding the obligations]

5.      Applicable Law

The agreement shall also provide the law which shall be applicable on such agreement. In case there is no specification of any such law then, the following two maxims shall be applied by the court of law to come to a decision. They are.

·        The rule of Lex loci contractus       OR

·        The rule of Lex loci celebrationis

IS A PRE – NUPTIAL AGREEMENT LEGAL IN INDIA?

Though there have been a lot of differences of opinion regarding the question above. Pre – Nuptial agreements are not held to be valid or legal in India on the basis of the grounds which are already mentioned in my blog above.

However, The Supreme Court of India has on several occasions taken help of a Pre – Nuptial agreement to come to a proper decision. Given below are a list of cases whereby Pre – Nuptial agreements played an important role to come to a conclusion by The Supreme Court of India.

ü Sunita Devendra Deshprabhu v. Sita Devendra Deshprabu

ü Anjali Sharma who is a business woman, forbade her husband to remarry after divorce. She also claimed the custody of all pets which were bought during the time of marriage with the help of a Prenuptial Agreement.

On other occasions, The Supreme Court has taken a different opinion and has declared Pre – Nuptial agreements as Invalid. Below are the cases whereby the Supreme Court has upheld its view.

ü Tekait Mon Mohini Jemadai v. Basanta Kumar Singh and Krishna Aiyar v. Balammal.

THE GOA WAY!!!!!

Believe it or not, couples before entering into marriage in GOA can enter into a separation of assets agreement also known as “Pre – Nuptial Agreement” which shall draw up a list of possessions that belong to one another.

Such an agreement is irrevocable. However, it is not binding to the children who shall have equal claim on both parents’ assets.

The Civil Code in GOA provides for a Pre – Nuptial agreement.

WHAT ARE THE PROS AND CONS OF A PRE – NUPTIAL AGREEMENT?

Everything has its own positives and negatives and so does a Pre – Nuptial Agreement.

I have discussed some of the advantages and disadvantages of such agreement below for understanding purpose.

ADVANTAGES OF A PRE – NUPTIAL AGREEMENT

1.     The agreement protects the rights of both children and grandchildren from a previous marriage.

2.     It lays down a complete, clear and transparent view of liability of both the partners.

3.     Protecting the assets in case the spouse is working [in case of separation].

4.     Non sharing debts if one of the spouses is debt free individually.

5.     Advance settlement of maintenance, alimony, settlement, court charges etc and any further costs involved in the process of separation.

6.     Protection against Domestic Violence Act, 498A and also protection against false prosecution against the same.

7.     Clarifying the financial rights of the spouse clearly with proper transparency.

DIS – ADVANTAGES OF A PRE – NUPTIAL AGREEMENT

Though there are certain advantages of such agreement we cannot deny the disadvantages which they carry. Some of the major disadvantages are listed below.

1.     Preparation of such agreements encourage divorce.

2.     Such agreements can also add a “No Child” provision if the husband or wife opts for the same.

3.     Such agreements can lay down the religion which is to be followed by the child who is being raised.

4.     Such agreements may also require the spouse to follow a code of conduct. This shall dilute the very essence of marriage whereby both the husband and wife adjust and make the best out of such marital life.

5.     It also provides a cap to get divorce and can also reduce the grounds.

6.     Comes with a terms and conditions applied which is never fruitful for a married life.

CONCLUSION

Though the concept of such agreements is very much prominent in the western nations, it is yet to be implemented in full force in India. The nature of such agreements is yet to be understood and deciphered by the Indian Society.

Such agreements have been on trend after 2016 and are more prevalent in the capitalist families and the rich families. More people are inclined to this in the metro cities as they find that such a pre-planned reduces their risk of marital life and also covers all the unnecessary hassle which comes from time to time.

India being a multi linguistic, diversified nation state will definitely take a long time to implement this idea as it will have various schools of thought which will make it all the more troublesome for the Parliament to and the Indian Government to take a step towards it.

IN MY PERSONAL OPINION

Such agreements no matter how lucrative they might seem on paper are a far-fetched option. It is an easy way out to opt out of the responsibilities which one has to carry after marriage. There cannot be a marriage without sacrifices, adjustments, compromises and other variables which time and again need to be dealt with for the proper functioning of a marriage. Also, we cannot neglect the social stigma which revolves around the institution of marriage in India.

It is undoubted that such an agreement does reduce the risk factor for maintenance/alimony/support and financial assistance but the cost of such risk reduction is far too great to compromise with.

Such agreements can end up being arbitrary inculcating the silliest of clauses. It looks to me more like a code of conduct to be followed after marriage, the breach of which will be subject to prosecution.

Summing up, the breach of such an agreement would not provide any direct legal relief to the aggrieved person and such agreement [if made] should be very carefully and cautiously weighed with the advantages and disadvantages it brings. Content Reference from Legal Blog

[ledxlaw]

How long does it take to become a family lawyer in India?

Things mentioned in the Blog are as follows:

Introduction

Role of Family Lawyer

Types of Job in Family Law

Divorce Lawyer

Adoption Cases

Family Law Professor

Family legal Advisor

How to become a Family Lawyer

Skills required

Family Law in India

Conclusion

Introduction: 

Law aspirants who choose family law as their specialisation deal with the legal issues that arise within a family. Family matters and some incidental matters are governed under Family Law. Family law covers many different problems such as Divorce, Child Custody, Adoption, Domestic violence, Ally money etc. There are Establishments of Family courts in every state, in these courts only the matters related to family are dealt with. A Family lawyer must know every aspect and concept of family law problems, for this purpose, many law students and working professionals opt for online law certification courses based on Family law and learn all this. The most common cases handled by Family lawyers are usually Divorce cases and other problems related to divorce.

Role of Family Lawyer:

The complexity of family law makes it a crucial option, as they are introduced to solve matters related to Family. The role a family lawyer plays is very important, as they perform a diverse range of legal duties related to a family. They are in charge of overseeing legal disputes that arise between family members and resolving them. Family lawyers also master the art of Alternative Dispute Resolution in solving family matters, they arrange and record all the official documentation that is needed to file lawsuits, and also guide their clients through mediation sessions and supervise them. Lawyers who specialize in Family law deal with non-criminal issues and also resolve disagreements. 

Types of Job in Family law:

The career opportunity and demands for family Lawyers in India are increasing significantly, many law students are choosing it due to the wide range of areas they can explore in their career. Many online legal courses providing platforms offer specializations courses on Family law to help learners earn the knowledge and skills in this field of law. There are several areas of practice that a Family lawyer can explore, here are mentioned some of them.

Divorce Lawyer:

Divorce lawyers take care of all issues filing and handling the cases in Family courts and in some cases high courts with Divorce cases in India, this also includes filing for maintenance, alimony, child custody matters etc. The responsibilities of divorce lawyers also include drafting paperwork, filing documents, keeping track of deadlines and in some cases collecting shreds of evidence. 

Adoption Cases:

Family lawyers also work on adoption-related matters, from filing to the adoption of the child, proving to be eligible for adoption to adopt Child all these require proper legal supervision and guidance. This guidance is provided by Family lawyers as they have complete knowledge of Family laws in India and work in family courts. They recommend the best way to adopt to their clients and also make sure to follow the rules and help their clients to adopt a child according to the law.

Family Law Professor:

A Family lawyer with profound knowledge and experience in Family law can also explore the practice of teaching new and blooming students regarding this topic and help them to be family lawyers. These lawyers are best for teaching the subject because they have practical knowledge and experience in implementing the knowledge and skills in real-world practice and their results. This is the reason why many legal learning platforms with the help of top legal professionals design the best online law certification course, as this will help learners learn from the top industry experts. 

Family Legal Advisor:

A Family law advisor is responsible for providing legal advice on different matters such as Will, guardianship, financial settlement, Prenuptial agreements, child custody, Alimony etc. Being a Legal Advisor is one of the most reputable jobs in every field of law, advisors are hired by both public and private organizations and their responsibility is to provide legal guidance and services to their clients.

How to become a Family Lawyer: 

Practising law in any field requires certain academic expectations and criteria which has to be met for future career opportunities. To become a family lawyer and practice Family law a learner must have a Law degree. Now they can directly enrol in a five-year course with specialization in Family law or a three-year course with specialization in Family law. Also, there is a considerable number of legal learning platforms that offers numerous online legal certification courses based on Family law, where top industry experts teach with their own experience and knowledge. To be a Family lawyer takes the same amount of time as other law profession takes, after completing a law degree and getting a Certificate of Practice through the Bar Council of India, one can start practising in the Family court.

Skills required:

Family law is a critical field of law, it requires exceptional interpersonal communication skills as it includes dealing with children also. Other than this there are several skills that a family layer must possess in order to have a successful career. Some of the skills are as follows;

Analytical Thinking

Verbal communication

Written Communication

Negotiation skills

Mediation skills

Organizational

Empathy

Family Law in India:

Family law regulates the family relationship, including, marriage and divorce, the treatment of children, and economic and financial matters. In India, there are sets of several rules and regulations and regulating bodies for governing these in a proper way. In a nutshell, there are five broad sets of family law in India i.e, Hindu Law, Muslims Law, Christian Law, Parsi Law, and secular law i.e, the Special Marriage Act. Other than these five types there is the Family Court Act, 1984, which every family lawyer must know. According to this act, there should be establishments of Family Court in each state in accordance with the High Court to promote conciliation and secure speedy settlements of disputes relating to marriage and family affairs.  

Conclusion:  The demand for family lawyers is very high and this is a very well-paid field of profession. Students who want to be Family Lawyers must plan their future steps before and carefully. Whether in choosing a specialization or subjects or internship opportunities, they must have a clear and concise mind. For further guidance, there are a number of legal platforms which provide online law certification courses as well as organize webinars, workshops and Bootcamps with the help of industry and subject experts to help learners. After investing the proper time and hard work in studying Family law, and learning relevant skills, make sure to use them to the fullest when start practising.

[robertmarch82]

Sadly, his version has found takers and the victim's family is getting little support from the community.

On June 9, the victim, whose family shifted to the area recently, was stopped by the cleric Javed. The accused told her to come to the Madrassa to fill some forms.

At the Madrassa, Javed raped the victim and threatened her with consequences, if she spoke about it.

Under arrest, Javed confessed he had sexual relations with the minor but said he had nikah with her first. He also claimed she wasn't a minor.

However, her parents showed a birth certificate that proved she was born on March 19, 2004, which makes her 15 years old.

"We are being accused of framing Javed for money. No one is supporting us," the victim's father said. The indifference has forced the family to move out of their home.

In 2015, a sessions court in Ahmedabad acquitted a Muslim man accused of raping a 15-year-old as he produced a nikahnama. The girl was pregnant and DNA report confirmed the accused was the father.

Nikahnama is an Islamic prenuptial agreement. It is a formal, binding contract considered an integral part of an Islamic marriage, and outlines the rights and responsibilities of the groom and bride or other parties involved in marriage proceedings.

THIS IS RAPE CULTURE !!!

[ericfruits]

For multi-national families, breaking up can lead to tragedy

KATE BAGGOTT and her two children live in a tiny converted attic in a village near Frankfurt. Ms Baggott, who is Canadian, has a temporary residence permit and cannot work or receive benefits. The trio arrived in Germany in October, after a Canadian court order gave them a day’s notice to get on the plane. Ms Baggott’s ex-husband, a Canadian living in Germany, had revoked his permission for the children’s move to Canada after they had been there nearly a year, alleging “parental child abduction”. A German court has given Ms Baggott full custody, but she must stay until an appeal is over.

Such ordeals are becoming more common as the number of multi-national and footloose families grows. Across the European Union, for example, one in seven births is to a woman who is a foreign citizen. In London a whopping two-thirds of newborns in 2015 had at least one parent who was born abroad. In Denmark, Spain and Sweden more than a tenth of divorces end marriages in which at least one partner is a non-citizen.

The first question in a cross-border break-up is which country’s laws apply. When lots of money is at stake there is an incentive to “forum shop”. Some jurisdictions are friendlier to the richer partner. Germany and Sweden exclude assets owned before the marriage from any settlement. Ongoing financial support of one partner by the other is rare in France and Texas—and ruled out in another American state, Georgia, if the spouse seeking support was adulterous.

Under English law, by contrast, family fortunes are generally split evenly, including anything owned before the marriage. Prenuptial agreements, especially if drawn up by a lawyer representing both spouses, are often ignored. The wife of a Russian oligarch or a Malaysian tycoon can file for divorce in London if she can persuade a judge that she has sufficient links to England. A judge, says David Hodson, a family lawyer in London, might be presented with a list of items supporting her claim, which may be as trivial as which sports team the husband roots for, or where the family poodle gets a trim.

Across the European Union, until recently the rule has been that the courts of the country in which divorce papers are filed first gets to hear the case. The result was that couples often rushed to file rather than attempting to fix marital problems. But in some countries that is changing: last year Estonia became the 17th EU country since 2010 to sign an agreement known as Rome III that specifies how to decide which country’s law applies (usually the couple’s most recent country of residence, unless they agree otherwise). Though the deal brings welcome clarity, it can mean that courts in one country have to apply another country’s unfamiliar laws. And one spouse may be tricked or bullied into agreeing to a divorce under the rules that best suit the other.

The bitterest battles, though, are about children, not money. Approaches to custody vary wildly from place to place. Getting children back if an ex-partner has taken them abroad can be impossible. And when a cross-border marriage ends, one partner’s right to stay in the country where the couple lived may end, too, if it depended on the other’s nationality or visa.

Treasures of the heart

Under the Hague Abduction Convention, a treaty signed by 95 countries, decisions about custody and relocation fall to courts in the child’s country of “habitual residence”. If one parent takes a child abroad without the other’s consent or a court order, that counts as child abduction. The destination country must arrange the child’s return.

But plenty of countries have not signed, including Egypt, India and Nigeria. They can be havens for abducting parents. Around 1,800 children are abducted from EU countries each year. More than 600 were taken from America in 2015; about 500 abductions to America are reported to the country’s authorities each year.

Some countries, including Australia and New Zealand, often regard themselves as a child’s habitual residence from the moment the child arrives. The EU sets the threshold at three months. America differs from state to state: six months’ residence is usually what counts. GlobalARRK, a British charity that helps parents like Ms Baggott, is campaigning for information on such rules to be included among the documents issued to families for their move abroad. It also lobbies for a standard threshold of one year for habitual residence and advises parents to sign a pre-move contract stating that the child can go home at any time. Though such contracts are not watertight, they would at least alert parents to the issue.

Britain is comparatively generous to foreign parents who seek a child’s return: it provides help with legal advice and translation. But plenty of countries do little or nothing. Family judges in many places favour their compatriots, though they may dress up their decisions as being in the child’s interests. Parents who can no longer pay their way through foreign courts may never see their children again.

Some parents do not realise they are committing a crime when they take the children abroad, says Alison Shalaby of Reunite, a British charity that supports families involved in cross-border custody disputes. Even the authorities may not know the law. Michael, whose former partner took their children from Britain to France in 2015, was told by police that no crime had been committed. After he arranged for Reunite to brief them, it took more than five months to get a French court order for the children’s return.

Other countries are slower still, often because there are no designated judges familiar with international laws. Over a third of abductions from America to Brazil, for example, drag on for at least 18 months. When a case is eventually heard the children may be well settled, and the judge reluctant to order their return.

A renewed push is under way to cut the number of child abductions, and to resolve cases quickly. The EU is considering setting an 18-week deadline for the completion of all return proceedings and making the process cheaper by abolishing various court fees. And more countries are signing up to the Hague convention: Pakistan, where about 40 to 50 British children are taken each year, will sign next month. India, one of the main destinations for abducting parents, recently launched a public consultation on whether to sign up, too.

But the convention has a big flaw: it makes no mention of domestic violence. Many of the parents it classifies as abductors are women fleeing abusive partners. One eastern European woman who moved to Britain shortly before giving birth and fled her violent fiancé four months later, says she was turned away by women’s shelters and denied benefits because she had lived in Britain for such a short time. For the past year she has lived on charity from friends. The police have taken her passport to stop her leaving Britain with the baby. Another European woman, living in New Zealand, says she fears being deported without her toddlers when her visa expires in a few months. She fled domestic abuse with the children and a bag of clothes in December, and has been moving from one friend’s house to another ever since.

Child abduction is often a desperate parent’s move of last resort, says GlobalARRK’s founder, Roz Osborne. One parent, who has residence rights, may have been granted sole or joint custody, meaning the children cannot be taken abroad without permission. But the other parent may have entered on a spousal visa which lapses when the marriage ends. Even if permission to remain is granted, it may be without the right to work or receive state benefits. In such cases, the decision of a family court guaranteeing visiting rights or joint custody can be close to meaningless.

Britain’s departure from the EU could mean many more divorcing parents find themselves in this desperate state. Around 3.3m citizens of other EU countries live in Britain, and 1.2m Britons have moved in the opposite direction; so far it is unclear whether they will continue to have the right to stay put and work. And in America, says Jeremy Morley, a lawyer in New York who specialises in international family law, immigration issues are increasingly used as weapons in child-custody cases. Judges in family courts, he says, often pay little attention to immigration issues when ruling on custody, because they know few people are deported solely because their visas have expired. But under Donald Trump, that may change.

Many parents have no idea what they sign up for when they agree to follow a spouse abroad, says Ms Osborne. They may mistakenly believe that if things do not work out, they can simply bring the children back home. Ms Baggott’s move to Germany was supposed to be a five-year adventure, the duration of her husband’s work visa. Instead, she says, she has endured “a decade of hell”.

This article appeared in the International section of the print edition under the headline "Unhappily ever after"

http://ift.tt/2kKdbUN

[anonymoustalks]

I don't see why being sentimental needs to mean giving up property rights

(6-19-20) You both like politics.

Stranger: Hey

Stranger: How are you?

You: I'm fine you?

Stranger: I'm okay

Stranger: Changed my asset allocation a bit

You: ohh fancy

You: how so?

Stranger: Added international equities

You: mhm is there a reason why?

Stranger: Diversification

You: I see

Stranger: It's pretty cheap

Stranger: Fidelity's international index fund is like 0.035% a year

You: ohh

You: is it a lower rate than domestic ones?

Stranger: Yup, that's like $3.5 for every $10,000

Stranger: No

You: oh, it's higher?

You: or about the same?

Stranger: I mean, Fidelity even has a zero expense ratio index series now

Stranger: I don't personally use it but you can get that if you want

You: idk what that means ^^

Stranger: It's 0 for all

Stranger: No expense ratio

Stranger: 0 expense ratio

You: sorry I'm not super financially literate so idk what that means

You: like no fees or something?

Stranger: You don't pay an annual fee on the fund

You: ahh k

Stranger: How old are you?

You: 26

Stranger: Ok

You: you?

Stranger: I'm 24

You: mhm it's good that you're investing

Stranger: I've been investing for a few years now

Stranger: Mostly domestic equities

You: yeah do you just follow index funds?

Stranger: It's painful to change allocation

You: why?

Stranger: I just buy index funds, yes

Stranger: Because selling means taxes

You: mhm

Stranger: Unless you're in a 401k or IRA

You: right

Stranger: But the space there is limited

Stranger: And I invest a lot more than those limits

You: right

Stranger: Index funds are pretty cheap these days

You: mhm I heard they are good to buy

You: I was told that when you're young you should buy riskier though

Stranger: It's like buying a share the one company that you would get

Stranger: if all the companies merged together

You: right

Stranger: Riskier than equities?

You: stocks

Stranger: Like leveraged equities?

Stranger: Yeah?

Stranger: I mean, stock index funds buy stocks

Stranger: Underneath

You: mhm

You: what brings you to omegle?

Stranger: Just bored on a Friday evening

Stranger: Got done with work

Stranger: Reading news

You: ah okay

You: what tags do you normally do?

Stranger: Hm, computer science, investing, politics, san francisco

You: oh you're from SF?

Stranger: Bay Area, yeah

Stranger: Unfortunately

You: mhm expensive

Stranger: Eh

You: not really?

Stranger: I mean, the pay is a fair bit higher

Stranger: Expenses don't scale as much

Stranger: Like the rent here is 2.5K for a 1 bedroom apartment

You: ahh okay

Stranger: I pay 1.25K a month

Stranger: my girlfriend pays 1.25K

Stranger: But my pay would be like 5K a month less in say Tennessee

You: I see

Stranger: So money left after rent is definitely higher here

Stranger: Than wherever else

You: mhm

Stranger: Rent in Tennessee may be 1K a month but who cares really

You: does your workplace have offices in other states?

Stranger: Totally

Stranger: Like ten states

You: mhm

You: yeah I haven't thought very much about how differently the same company in different states

You: *pays

Stranger: Incredibly differently

Stranger: https://www.levels.fyi/locations/

You: I feel like the stereotype is that SF has a lot of fancy tech companies, therefore the salary is high because of the company

Stranger: The median pay in the Bay Area is 239K

Stranger: It's 115K in Dallas

You: mhm

You: (I was just thinking 239k is a lot haha)

Stranger: 136K in Chicago

Stranger: 239K is the median here, you can make more if you are more senior

Stranger: Or perform well above average

Stranger: This is tech

Stranger: Pay

Stranger: I mean

You: right

You: I'm not familiar with tech salaries

Stranger: That site has a good summary

Stranger: Anyway..

You: it's interesting, thanks for sharing it

Stranger: What do you do in life

You: research tech

Stranger: Okay

Stranger: It says you like politics

Stranger: What are your interests there

You: mhm, pretty general I guess

You: I'm mostly here to hear about other ppl's opinions

You: I'm interesting in the diversity of opinions across different areas I guess

You: *interested

Stranger: Are you a guy

You: yup

Stranger: Same

Stranger: Do you plan on getting married

You: mhm... idk

You: you?

Stranger: I'm not

You: that sounds very resolute even though you're cohabitating?

Stranger: Well, yeah, talked this through on the third date

Stranger: We've been together since sophomore year of college

You: right

You: and is there a reason why you dont want to get married?

Stranger: Don't see any reason to

Stranger: All you get is lose property rights

You: mhm in what way?

Stranger: As in you don't own anything

Stranger: The marriage does

Stranger: Which is why things get divvied up in divorce

You: oh, so you prefer to keep things totally separate?

Stranger: Most definitely

You: mhm you sound like a hyper-rational person

You: I feel like the popular norm is to get a prenup

Stranger: Eh

Stranger: I would definitely not call that a norm

Stranger: Almost nobody gets a prenup

You: hm, really?

Stranger: As a % of marriages

You: oh I just thought that the stereotype was that among highly educated people with a lot going into a marriage, they would

Stranger: https://www.oceansidedivorcelawfirm.com/prenup/prenuptial-agreement-statistics/

Stranger: "Despite half of all marriages ending in divorce, only 11% of couples state that there’s a chance their marriage could end in divorce and less than 5% have a prenup in place to protect their interests should they divorce"

You: like marriage laywers and things

You: but idk

You: I feel like not all americans have incomes on the level that you do

Stranger: And prenups get routinely thrown out

Stranger: I mean, that's just not true

Stranger: Jeff Bezos just divorced

Stranger: Richest man on earth

Stranger: Because his wife was extra awesome

Stranger: He only had to give 25% of his assets

Stranger: lol

Stranger: Otherwise it'd be at least 50%

Stranger: Now she's one of the richest people on earth

You: mhm

Stranger: What

You: hm?

Stranger: I mean

Stranger: Jeff Bezos was valedictorian at Princeton

Stranger: In Electrical Engineering and Computer Science

Stranger: He started by working at an investment banking firm in NYC

Stranger: He was always elite...

Stranger: Didn't get a prenup

You: right

Stranger: And at any rate

Stranger: The courts just say

Stranger: The wife was under duress

Stranger: Or it has aged out

You: in either case I thought it was just a stereotype, I could just be totally wrong

Stranger: If the marriage is more than a couple years old

You: mhm

Stranger: I think it makes the relationship stronger for sure

Stranger: Given it's so easy to just walk out

You: what makes the relationship stronger?

Stranger: You've really got to be choosing to be with the other person everyday

You: ahh yeah

Stranger: I mean

Stranger: Married people

Stranger: A lot of them

You: I guess I haven't thought very much about the meaning of marriage

Stranger: Just put up with whatever

Stranger: Just to avoid the hassle

You: mhm

You: I guess for me I'm just irrationally sentimental haha

Stranger: Hm, okay

Stranger: I don't see why being sentimental needs to mean giving up property rights

You: I mean from my eyes, you seem to be a hyper-rational person

Stranger: That seems like unnecessary negative judgement on people that don't get married

You: hm? I don't mean it negatively

You: sorry if it came off that way

Stranger: Okay

Stranger: So you said you research tech?

You: you just seem like 500% more rational than everyone haha

Stranger: What do you mean by that exactly

You: research technician?

Stranger: Ah ok

You: like sort of do experiments

Stranger: I read it as

Stranger: I research "tech"

You: oh yeah, it's just the job title

Stranger: Makes sense

Stranger: So what are your political ideas generally

Stranger: Also what state are you in

You: mhm new england

You: I'm kind of moderate left

Stranger: Okay

You: I don't have extremely strong views

You: it's more so I'm very interested in understanding the views of others

You: and I guess the kind of lives that other ppl have

You: I think the coasts are kind of a bubble

You: it's easy to miss what a lot of the country goes through

Stranger: Well

Stranger: The coasts are kind of a bubble

Stranger: But they also do have most of the people

Stranger: So like, pretty representativwe

Stranger: representative*

You: mhm idk if that kind of reasoning works

You: like if you were to hypothetically imagine a world democracy

You: it's like saying asia is representative of the world

Stranger: Well, works if you weight it by people rather than by geographical area

Stranger: No, since Asia only makes up 40% of the world's population

Stranger: And there's little linking India and China

Stranger: Two vastly different cultures

Stranger: Other than white people saying

Stranger: "Ok, this is Europe, which is where I'm at - all this stuff east of me is asia"

You: hm? you've lost me a little

Stranger: I'm just saying Asia as a label doesn't make sense since there's little tying say China to India

Stranger: And moreover Asia is not representative of the world in general

You: oh, idk divisions are arbitrary

Stranger: Most of the GDP is not in Asia

You: or at least, my statement was intended as a counterargument

You: for the coasts being representative of the US based on the premise that most of the population is concentrated there

Stranger: Well, not really as a % of the population

Stranger: If 75% of people were in Asia

Stranger: And all incomes were same across earth

Stranger: Then yes, Asia would pretty much be world

You: mhm I just think that there's a function and purpose to having a government that takes into consideration geography

You: for instance, I don't believe in presidential elections based entirely on popular vote

You: even though I am a democrat

Stranger: Hm, ok

Stranger: Well, there's some chance the National Popular Vote Interstate Compact will go through

You: the design of the senate is to ensure that each state (which is a geographical designation) has a voice in government

You: otherwise states like idk idaho would have no voice at all

Stranger: Sure

You: I think electoral reform is good though

You: in either case I do think a rural-urban divide should be considered

You: and I think protections should exist for rural interests

Stranger: I see

Stranger: So you're voting Joe Biden?

You: yup

Stranger: What policies of his do you like?

You: mhm it's more of a "I definitely won't vote trump"

Stranger: Right

You: what are your thoughts?

Stranger: On his policies?

You: sure, or in general

Stranger: Hm

Stranger: I suppose I'm pretty neutral

Stranger: I think they have similar policies

You: who did you support in the primary?

Stranger: Although I suppose I do prefer Trump's policies more in general although not a fan of him as a person

You: which of his policies did you like?

Stranger: Did not vote in the primaries

Stranger: Cutting corporate tax rates for one

Stranger: That's one I think is definitely important

Stranger: Reducing trade imbalances

Stranger: Especially with China I think is very critical

Stranger: He's got great policy on that

You: are those the tariffs or are you talking about something else?

Stranger: Individual income tax cuts I'm not a fan of

Stranger: He blew a massive hole in the budget

Stranger: I mean the negotiations in general

Stranger: The tariffs are a means to an end

You: ahh I see

You: I haven't seen a lot of data on outcomes of trade

Stranger: Joe Biden has great policy regarding SS

Stranger: He wants to impose the SS taxes after 400,000

Stranger: I think the cap should be removed entirely

Stranger: It's a nonsensical system

You: ah yeah

Stranger: I also like his carbon tax a lot, even though climate change is not really a concern of mine

Stranger: Since it is very much like a VAT or sales tax

Stranger: Which I'm a big fan of by Democrats say they hate...

Stranger: but*

You: mhm

You: it sounds like economics are you main concern

Stranger: Joe Biden also has great immigration policu

Stranger: He has called for a moratorium on deportations

Stranger: Trump is doing buffoonish stuff there

Stranger: Although Biden wants to deport criminals which makes no sense

Stranger: Given the high recidivism levels

Stranger: They just reenter the border illegally and commit more crimes

You: mhm interesting

Stranger: They need to be imprisoned not deported

Stranger: Well

Stranger: Housing policy is my primary concern, over economics

You: oh, how so?

Stranger: But I see that more as a state-level issue and not a federal one

Stranger: Well

Stranger: In the San Francisco Bay Area for instance

Stranger: Over 90% of the land zoned for residential use is zoned single-family

Stranger: i.e. it is illegal to build anything but a single-family house

You: huh

Stranger: Causing massive housing shortages

Stranger: The housing prices are through the roof

Stranger: And especially low earners are very house poor

You: is this a controversial issue at all?

You: I don't understand why your city would keep those zoning regulations

Stranger: Because the homeowners like it

You: mhm

Stranger: The current governor Gavin Newsom ran saying he'll fight for reform

Stranger: But he got nothing done

Stranger: Nothing at all

You: right...

Stranger: The median home price in the Bay Area is like a million dollars

You: are zoning regulations city ordinances?

You: so it would be city council elections?

Stranger: City or county depending on context

Stranger: Yeah, in a lot of cases

You: ahh kay

You: I actually don't know what the housing secretary of various departments do

Stranger: Housing secretary of various departments?

Stranger: What do you mean by that

Stranger: Like the HUD secretary?

You: yup

You: I think there are some state counterparts too

Stranger: The HUD mostly manages so called section 8 housing

Stranger: across the various states

You: subsidizing housing?

Stranger: Yeah

You: ahh okay

You: yeah I know very little about this

You: thanks for explaining it to me

Stranger: Really the important part is increasing supply

Stranger: Subsidizing it is not a cure at all

Stranger: Since you still can't physically put more people in no matter what

Stranger: Unless there are more actual housing units

You: is it the developer who decides whether to make something section 8 versus something normal?

Stranger: Well, depends on the ordinance really

Stranger: Usually they require a certain %

Stranger: Like if you build 100 units, at least 30 have to be rent stabilized

Stranger: Or whatever

You: oh

Stranger: Sometimes they can even contribute to a fund instead of actually building the subsidized housing

You: right

Stranger: No developer in their right mind would do that by their own will

Stranger: I mean

Stranger: It's all silly

Stranger: We have that here

You: mhm

Stranger: But it's just very upsetting seeing so many people so house poor

You: yea

You: thanks for explaining all these things to me

Stranger: Anyway

Stranger: I should have dinner now

Stranger: Nice chat

Stranger: Goodbye

You: alright good night!

Stranger has disconnected.