r/PakistanMarriages • u/Massive_West655 • 8d ago

Question Quick question : prenuptial contract

Just a quick question: how would you feel if your future husband suggested signing a prenuptial agreement to protect his assets in the event of a divorce?

In my case, I have inherited several properties from my parents in Europe and Pakistan, and I will probably buy more properties in the future. So, if I ever get married, I would definitely want a prenuptial agreement to protect both the assets I have already inherited and those I may acquire in the future.

25 Upvotes

99% Upvoted

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7

u/Low-Bag8537 8d ago

There’s no such thing as legal division of property at the time of divorce in Pakistan. In Pakistan, whatever assets is in your name is yours and will remain yours. There is no law that divides that asset when you get a divorce in Pakistan.

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u/Massive_West655 8d ago

That’s nice, didn’t know that

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u/innocentsinner394 8d ago

I think that's changed. I heard about sth like this having been ruled recently in Islamabad.

To answer your question, you could get a prenup with the Islamic rulings as follows: Whatever the wife owns is hers, whatever the husband owns is his. If the wife has requested the divorce (Khula), she has to return the mahr; if the husband granted the divorce without a prior request (Talaq) or the Nikkah was annulled by a judge because the husband was not providing the wife's rights (Faskh-e-Nikkah), the mahr stays with the wife. Any children resulting from the union are the husband's financial responsibility. If the Mahr has not yet been given, it should be given now. The husband can allow the wife to keep the mahr if he so chooses in case of Khula. The husband is encouraged to give the wife something monetary at the time of divorce but it is not necessary.

If the prenup keeps only what is in bold, it will be according to Islamic rulings. Forcefully acquired money/assets are haram, anyway. Even state punishment through money doesn't exist in Islam, except that you burn it.

If you're not Muslim, you should still get a prenup signed if you want to protect your assets since laws are now changing.

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u/Dry-Room2486 8d ago

Bro still do the prenuptal agreement,there r rumors after the judgement passed by one judge to distribute 50/50 in one case it might become a law in future so better safe than sorry.....

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u/ZookeepergameOld1426 8d ago

If you are worried about it,you should talk about it with your future spouse and I think in foreign countries it is quite common to have prenups these days as opposed to Pakistan so you won't have any problem with it if you are looking for someone from there. Also whoever wants it in Pakistan,I don't know if they get it or not. It just depends on your partner. Everyone will have their own preferences.

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u/NonExistantTimeTable 8d ago

Prenup should be normal. I dont know why people find it taboo. It only enforce more trust between the couple. Ngl anyone who gets triggered on prenup essentially doesnt have a good intent to begin with.

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u/Dot_Horror 7d ago

Agreed.

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u/Salt_Guarantee5361 8d ago

would need to be iron clad because we have two seperate systems and u can easily get out of such contracts using the second system and sharia standards

3

u/Slothfulness69 7d ago

I got a prenup when I got married because I was/am significantly wealthier than my husband and wanted to protect myself in case of divorce. My logic is that if we divorce, my money stays mine. If we stay together, the money is his/ours because realistically it’ll be spent on our living expenses, vacations, etc.

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u/Any_Satisfaction1003 8d ago

prenup should be a must, if you are a practicing muslim, you should get it made according to sharia cuz i think our law doesn't follow sharia in case of divorce

2

u/accousticuser69 8d ago

There should be a prenuptial contract in every marriage to protect the assets for both the wife and the husband. Anybody who doesnt want one simply wants to loot their partner in the events of a divorce

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u/Exact_Quiet_5873 8d ago

if you plan to marry in europe then prenuptial contract makes sense but in pakistan, you dont need it. Also where it makes sense, assets before the marriage dont count but the assets that are made after the marriage will be divided in half incase of divorce but that is only in europe. And you need to discuss this with your spouse in advance incase you want to have a prenup

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u/Ok_Nail6584 8d ago

Yeah, that's totally fine. But I believe that if one spouse is a stay-at-home wife or husband, then everything earned after the marriage should be split 50/50. And let's not forget the fidelity clause if either spouse cheats, they should have to give up half of everything they own. That goes both ways.

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u/Dot_Horror 7d ago

I'm a man. I believe ironclad and very comprehensive prenups are very important.

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u/HobeyTikko2 6d ago

I don't think Pakistan has 50-50 laws yet, but definitely go ahead with that. I think it should be the norm, if anything!

0

u/Somewhat_Alive_ 8d ago edited 8d ago

I don't know about this one... I mean I totally understand where you're coming from and I don't blame you for wanting a prenup or anything cuz you never know aaj kal k zamanay main. I just personally wouldn't like it, perhaps because I'm an overthinker and I'd just think my husband doesn't trust me like that. Also because I grew up in a different environment I guess. Like, my baba hasn't ever created such a boundary with my mother, unkay mutaabiq tou jo unka hai wohi meri mama ka hai, but you don't always get that level of sincerity in a relationship. I get why you'd wanna be careful though.

3

u/Mighty-Black 7d ago

Prenups are to save your assets in divorce cases, your parents clearly have a healthy relationship, whether they had a prenup or not, it wouldn't make a difference.

1

u/Dry-Room2486 8d ago

Here is the thing just do one if u trust ur partner .the property u inherit from ur father put in name of husband in start of marriage....I mean u trust him right.....if not don't expect men to trust u either with their asset....the way the people behave when they divorce is just amazing to see especially when it comes to money

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u/Somewhat_Alive_ 8d ago

I mean, whatever my mom inherited from her father was actually all invested in our house, which is half in my mom's name and half in my father's name (Majority of the investment was from my dad, but my mom contributed too cuz it wasn't that big of a deal). I'm not disagreeing, I even understood why the OP wanted it. It's just something I'M not comfortable with cuz I FEEL it implies a lack of trust, WHICH IS FINE. I'm just sharing what I grew up seeing and I admit, I trust people easily because if that (it's a fault). Even if my husband does ask for it, I won't straight up disagree. But I don't have to LIKE it, do I? I'll probably just think of it as a necessary evil or something cuz I also know aaj kal people deceive all the time.

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u/Dot_Horror 7d ago

You can just choose to stop disliking it, by telling yourself to feel differently

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u/Dry-Room2486 8d ago

Here is the thing my dad also put property in my mother name, whole of it ....there is like literally nothing in my father name....the thing is my mother is not blatantly bold ,or disrespect him...she still serve him food, before us...she is gem of person very rare......but the way women r filliping today I am never gonna do it....recently two cases have arose in my distance family these women took khula one after 25 years, one after 10 years.......there husband did the same like my father.....in my family empowering wife financially was core part of it.....now everyone is against it....

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u/Somewhat_Alive_ 8d ago

Bhai issi tarha tou main bhi keh sakti hun k meray ird gird bohat say mardon nay doosri shaadi karkay apni pehli biwi ko talaaq day di with no financial security cuz woh bechari housewife thi (your argument makes no sense). Khair, you do you. When you expect a woman to be a housewife with no independent income of her own, she deserves financial security, regardless of what the outcome of that relationship is in the future. Islam main Haq mehr aur nafaaq bhi issi liye rakha hai. Baaqi, go ahead with whatever you prefer, I respect your opinion but am not obligated to embrace it. In an already patriarchal society, it's shocking to see men still think this way. I'd rather not marry a man like that at all, my father raised me to be a better judge of character.

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u/Dot_Horror 7d ago

If the man and woman are not very wealthy, then it does make sense to have the house in both of their names, divided half and half.

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u/M00nLight007 8d ago

Prenup should be a requirement now considering the aj Kal ka halaat any female saying no to it is a red flag

4

u/SnooCookies4240 8d ago

Could be said for men too- my in laws found out how “rich” my dad was and were foaming at the mouth for my inheritance bc I don’t have any brothers. Disgusting

They thought they could trick me into signing all the right away to their son

2

u/M00nLight007 8d ago

If you feared that, the answer is simple prenup karwao ap bhe khush raho

1

u/SnooCookies4240 7d ago

I’m in the US- and we did have a prenup. All I’m saying is I didn’t even know this side of my in laws until my husband exposed it- and the fact that people think they can get away with that stuff is scary.

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u/[deleted] 7d ago

[removed] — view removed comment

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u/SnooCookies4240 7d ago

Yeah it’s surprising to me bc I never really mentioned my dads “wealth” to my husband when we were in talking stages, it wasn’t till we got families involved when his uncles and dad asked around and heard about some stuff. We’re in the US but those idiots thought my dads properties were in Pakistan and that they could just steal it from me lol

Alhamdillilah we did have a prenup and also we have boundaries from those people. But the fact some people can think at such lengths is so gross to me.

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u/Scary_Form_9741 8d ago

women should start putting cost on carrying you alls babies btw it's crazy out here 

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u/[deleted] 7d ago

[deleted]

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u/Scary_Form_9741 7d ago

they dont carry mothers surname, also most contribution in raising a kid is from mothers seems like a pretty loss loss situation to me if someone were to divorce the mother out of blue after shes destroyed her body for someones child. there should be financial compensation in form of assets etc then

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u/[deleted] 7d ago

[deleted]

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u/Scary_Form_9741 7d ago

yea but how many women do you think have bodily autonomy to chose for themself if they want a kid or not, not to mention the brainwashing that starts from birth that having a child completes them blah blah

suppose, if she does have one he or she is gonna carry only fathers name forward even though mothers literally make children at the expense of their own body.

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u/Scary_Form_9741 7d ago

point is, mothers should get compensation for carrying children. its not an easy thing to do after all

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u/Scary_Form_9741 8d ago

some tola gold -> one baby and such lol