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Securing Legal Agreements Before Marriage

Question:
I am at a marriageable age and facing pressure from my family to get married. However, I am very afraid of it because I see so many news reports about women’s abuse and divorce.

  1. Before marriage, is it possible to have my future husband write that he will not lay a hand on me after marriage?
  2. I am not concerned about the dowry; I will accept what my husband can afford. However, I would like to ensure that a part of his income is set aside for my maintenance throughout my life. Can I legally write about this? What is the process, and how should I go about it?

Answer:
It’s completely understandable to have concerns about marriage, especially in light of the issues you’ve mentioned. Here are some options and legal insights to help you address these concerns:

  • Legal Agreements Before Marriage:
    • It is possible to draft a legal agreement or contract before marriage that outlines specific terms related to your relationship.
    • While it may be unconventional, having your husband agree not to inflict harm or abuse can be documented. This could serve as a protective measure.
  • Drafting a ‘No Abuse’ Clause:
    • You can include a clause in the pre-marital agreement stating that both parties commit to a relationship free from domestic violence or abuse.
    • It’s crucial that both you and your husband sign this agreement voluntarily. Ensure that it is clear and concise to avoid any ambiguity.
  • Maintenance Agreement:
    • You can also include provisions regarding financial support and maintenance in the same agreement.
    • Outline the expectations for your husband’s contribution to your maintenance. This can help ensure that you have a safety net.
  • Consulting a Lawyer:
    • It is highly advisable to consult with a family lawyer who specializes in marital agreements.
    • They can help draft the agreement to ensure it is legally binding and enforceable under Bangladeshi law.
  • Understanding the Legal Process:
    • The process typically involves:
      • Discussing your concerns and expectations with your future husband.
      • Drafting the agreement with the help of a lawyer.
      • Both parties signing the agreement in the presence of witnesses.
      • If desired, you can register the agreement with the appropriate local authority for additional legal standing.
  • Open Communication:
    • Have open and honest discussions with your future husband about your fears and expectations.
    • Building a foundation of trust and understanding is essential for a successful marriage.
  • Be Aware of Cultural Norms:
    • While these agreements are legally possible, be mindful of cultural perceptions in your community.
    • You may want to ensure that your partner understands and supports your need for these safeguards.
  • Educate Yourself on Your Rights:
    • Familiarize yourself with the laws surrounding marriage, divorce, and domestic violence in Bangladesh.
    • Knowing your rights can empower you and help you make informed decisions.