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Prenuptial Agreement in Pakistan: Advocate Jamila

A prenuptial agreement in Pakistan is an agreement between the couples before the marriage. Like many countries in Pakistan also, this type of agreement between the spouses is increasing. It is also called a premarital agreement in Pakistan. Before the marriage, the couples can prepare an agreement through a lawyer related to their rights, divorce, property, and assets distribution to avoid any complications in the future. This prenuptial agreement in Pakistan before court marriage in Pakistan is binding on the spouse.

Legal requirements of a prenuptial agreement in Pakistan: To make the agreement binding, the legal requirements of the agreement must be fulfilled. Below are some legal requirements that must be fulfilled to make this agreement legally valid.

• Written: The prenuptial agreement in Pakistan should be in writing. The courts do not recognize the oral agreements.
• Voluntary agreement: The agreement between the spouse should be voluntary. This agreement should not be made under coercion or influence.
• Full details: The agreement should have full details of assets and liabilities. The agreement should not be vague. Any material omission or voluntary misrepresentation may make the agreement void.

Considerations of a prenuptial agreement in Pakistan:

The below things should be considered for preparing the prenuptial agreement in Pakistan.

• Not contrary to law: The agreement during an online marriage in Pakistan should not be contrary to law. Anything written in the contract, if it is against any provision of law, will be considered void.
• Not contrary to religion: Nothing in the agreement can be mentioned which is contrary to religion. In Pakistan, no law that is contrary to the religion can be made, and even if anything contrary to religion is written in the agreement will make the agreement void.
• Be drafted by a lawyer: The lawyer knows the law well, so instead of being a lawyer yourself, it is better to have the agreement drafted through a lawyer in Pakistan.
• Future changes in agreement: The agreement should also have flexibility in future possibilities. The future possibilities may include events on children’s birth, financial status, etc.

Jurisdiction of courts: The family courts in Pakistan have the sole jurisdiction over the issues related to marriage, divorce, and matters related to marriage and prenuptial agreements in Pakistan.

Benefits of agreement: below are some benefits if the spouse drafts a prenuptial agreement in Pakistan.

1. Clarity between spouses: Drafting a prenuptial agreement in Pakistan brings clarity between spouses. The spouse knows their rights and liabilities.
2. Financial issues: The financial issues between the spouse may also be resolved through the agreement. The financial issues are clarified in this agreement.
3. Reduces litigation: Most of the litigations in the courts are because the parties don’t meet the expectations of the other due to a lack of clarity. The prenuptial agreement in Pakistan brings clarity to the relationship of the spouses, which reduces litigation between both, and the courts are less burdened. Less the courts are burdened the more efficient results you may expect.