MARRIAGE AND PRENUPTIAL AGREEMENTS

Publishes by The Daily Star on September 03, 2011 (Link Here)

This week Your Advocate is Barrister Omar Khan Joy, Advocate, Supreme Court of Bangladesh. He is the head of the chambers of a renowned law firm, namely, ‘Legal Counsel’, which has expertise mainly in commercial law, corporate law, family law, employment and labor law, land law, banking law, constitutional law, criminal law, IPR and in conducting litigations before courts of different hierarchies. Our civil and criminal law experts from reputed law chambers will provide the legal summary advice.

Query
I got married in Canada . Now I and my husband both are back in Dhaka after 15 years of marriage. The marriage contract in Canada do have a provision of prenuptial agreement. Does that apply in Bangladeshi law as well? Can I clame the matters which is mentioned in prenup?

Reema Afsana
Baridhara, Dhaka

Response
We would like to thank you very much for your inquiry. It has been understood from your query that your marriage took place in Canada according to the Canadian Law. You have returned to Bangladesh with your husband after 15 years of your marriage. Your marriage contract in Canada has a provision of prenuptial agreement.
Prenuptial agreements are made by the people who intend to marry or contract with each other before marriage or civil union, usually to resolve issues of support and property division if the marriage ends in divorce or by the death of a spouse. The contents of a prenuptial agreement vary but commonly include provisions for division of property and spousal support in case of divorce or breakup of marriage.
Family law is personal in Bangladesh, i.e. it is depended on the religion of the person concerned. Being a Muslim, you have to follow the Muslim Law in Bangladesh in marriage and divorce related matters. In this country, there is no application of prenuptial agreement as yet in marriage related cases. In case of divorce, any dispute between the spouses or any matter arising out of the divorce will be settled in accordance to the applicable Muslim Law and other laws of the land. Accordingly, if you mutually decide to adhere to the terms of the said agreement, you may decide to do so provided that nothing in this agreement violates any provision of the Bangladeshi law and the relevant/applicable Muslim laws. If, on the other hand, either of you decide not to abide by the prenuptial agreement, the same cannot be legally enforced.
I hope the aforesaid opinion will help you to understand your position.

For detailed query contact: [email protected].