Live In Relationship Agreement In India

India, a country, where cultural values and ritual ceremonies are important cannot be ignored. However, with changing times, India finally had to step ahead with the rest of the world by legalising live-in relationships or ‘Mitru Sambandh’. 

Legal Status of Live-in

The Supreme Court in its various judgments has declared that if a man and a woman “lived as a  husband and wife” in a long-term relationship or even had children, it would be presumed that the two were married and similar laws will be applied.

In another case, the Supreme Court even declared that for a man and a woman to live together would fall under their right to life and is not a “criminal offence’’, thus live-in relationships are legal in India.

Cohabitation Agreements

Unmarried couples may create contracts between themselves so as to define the rights and obligations of each partner. These contracts could be called by various names such as cohabitation agreements, non-marital contracts, or living together contracts.

These contracts have a similar function as that of prenuptial agreements and explain as to how the money, property and debt among other things would be handled during and even after the relationship. 

Contents of a Cohabitation Agreement

Non-marital contracts are not required to be overly complex or contain some legal-sounding language. On the contrary, it would be better to draft the agreement in a plain language including  as much or as little detail as the couple feels as necessary.

Mentioned below are some items to be considered

Property accumulated during the relationship

It is important to decide as to how the property acquired during the relationship will be dealt with. Such as if one person bought something during the relationship, would both parties own it equally or whoever bought it owns it or what if the item purchased is using personal savings, etc. 

Property acquired by way of gift or inheritance

Generally, people prefer to keep things received as gifts or through inheritance as separate property. In case the couple in a live-in relationship wish to do this, they would have to include it in the agreement so that there is no confusion.

Property prior to the relationship

Couples in live-in relationships would obviously wish to keep their property before the relationship as separate property, for this, they may include it in the agreement.

Expenses

During the live in relationship the couple would have to make sure that they cover how their expenses will be paid. It could turn out to be a huge area of disagreement, hence it is important to write down these expectations. Say for instance, they may split the expenses equally.

Separation or death

Though it may seem unlikely, it is important to decide the matters in case the relationship has come to an end or the couple has decided to end it.

Dispute resolution

If a dispute arises, couples may wish to define how it shall be resolved. Such as by way of  mediation or arbitration before taking the matter to the court.

Enforce ability of prenuptial agreements or live in agreements in India

No specific law about the legality or enforceability of prenuptial agreements or live-in agreements are there in India. It is important to know that prenuptial agreements are not binding in India. The court might take these agreements into consideration in order to understand the intention of the couple. 

Judgments where prenuptial agreements were used by the court to judge the case

• In the case of Sunita Devendra Deshprabhu v. Sita Devendra Deshprabu, the Bombay High Court took the prenuptial agreement into consideration to decide the separation of the asset.
• In another case, Anjali Sharma, a middle-aged businesswoman, forbade her husband from marrying again after the divorce as well as claimed custody of all pets which were bought during marriage as per the prenuptial agreement signed between them.
• Courts in several cases have taken these prenuptial agreements as a guiding factor as to understand what was their intention before entering into the marriage. Though the prenuptial agreements are not binding, they may carry a persuasive value so as to  strengthen the case.

Cases where the Court strictly declared such agreements invalid

In the cases of Tekait Mon Mohini Jemadai v. Basanta Kumar Singh and Krishna Aiyar v. Balammal, pre-nuptial agreements are not tenable or executable in the court of law. But, they could be an indication of the intent of the parties.

Existing legal position

A prenuptial agreement or live- in agreement is signed between two partners. It is generally an agreement in writing between two spouses which explains, in the event of death or divorce or separation, the financial liability of the respective partners.

In India, prenuptial agreement seems like an alien idea. Unlike the western countries where  marriage is considered as a contract between the couple, while in India marriage is treated as a holy alliance of two persons for existence and for this reason, a prenuptial settlement shall be  legally invalid under the Hindu Marriage Act in India. But these agreements, as has already been discussed above, helps the Court have a clear idea of the intention of the parties before entering into the relationship.

Lead India offers you a team of experienced advocates who have been successfully handling cases related to civil as well as criminal matters. For assistance when drafting prenuptial or living in agreement or for any other matter related to marriage laws, if you wish to talk to a lawyer or seek free legal advice online, you may contact us.