Wednesday, June 11, 2014

Prenuptial Agreement: Is it a Must?

By Alon Calinao Dy: Prenuptial agreement is a contract of two persons involved, who are getting married, with or without affection towards each other. It is also an agreement of the things to do in times of divorce or breakup of marriage, death and other circumstances. Although some people would say that it is fine to undergo with this kind of practice, others still believe that before marriage, it is solely the responsibility of a couple , with or without parental influences from both sides.

Based on my personal experience, I never imagine getting engaged or married to a person I barely even know what kind of person she is. I do still believe that before anyone pursues a long-term commitment, one should be able to choose carefully his soul mate for a lifetime. But, how will you be able to know the right person if your parents are the ones who decide for your wedding ceremony? Is it alright to have a prenup?

Here are some best guidelines just in case premarital agreement takes place:

Firstly, settle the issue of the assets. Decide whether to divide them evenly in the event of unwanted situations. For example, divorce or separation. I reckon it is wise to make a plan beforehand, so that it would not be a huge problem later on.

Secondly, if there are children in the family, it would be a good idea to decide who would support their basic needs such as food, shelter, education, and many more.

Thirdly, a couple should set grounds for divorce. For instance, infidelity, mental illness, etc. This would give both parties a clear idea that marriage has its limitations if these events happen.

But for me, I have seen most of my Indian friends adhere to this sort of tradition. I have asked them several times, how they would easily fall in love to someone they have not met before? Many of them told me that they trust their parents, and that love is a gradual learning process. At first, I could not believe what I heard. I guess their religion, tradition and great influence from their parents play significant roles in their marriage. That is something I should always respect and put it in my mind that, this is the way they are being raised.

However, how effective is prenuptial agreement for most people? Ironically, that is the question that I need an answer. I suppose it all depends upon a group of people, culture, religion, and region. I should say that I cannot compare other countries such as United States from India, for I do not have a confirmation of data that Americans have higher divorce rates than Indians. Although I would like to believe on it, divorce rates of Indian people are on the rise to this day.

In short, It does not matter if you have a prenuptial agreement or not, as long as a couple is happily married. With love and respect for each other, misunderstandings would have immediate solutions. As I mentioned above, it would be better that a couple should realize the importance ofgetting to know each other first before marriage. It is a decision that no one else is to be blamed, and it is always a free will between two persons who are in love with each other.