Ante-Nuptial Conventions Under the Portuguese Civil Code in Force in The State of Goa: Can It Be a Model for The Uniform Civil Code?

Abstract

Divorce proceedings are not just about the dissolution of marriage and separation of parties, but also include various other issues to be resolved. These issues include separation of assets, alimony, maintenance, custody of children, et cetera. In India, the disposal of matrimonial causes takes years. Also, the amount of maintenance and alimony to be paid is left to the discretion of the judges. As it is almost impossible to lay down a perfect arithmetical formula, the amount of maintenance or alimony that is granted by the courts is mostly considered unjust and unfair. Also, the prevalent religion-oriented personal laws prevalent in India are gender-biased and discriminatory against the women. One way to protect the future interests of the parties to the marriage is to grant them liberty at the time of their marriage, to pre-determine their individual and separate rights and liabilities in the properties held by them individually and/or jointly during the subsistence of marriage or at the time of divorce.  This is to ensure that the parties have some sort of certainty and predictability about their respective share or right in the family, joint or self-acquired properties on dissolution of marriage. On this note, the researcher seeks to examine the law on pre-nuptial agreements as provided in the Portuguese Civil Code, which is in force in the state of Goa, India. The researcher is conducting the instant research so as to give suggestions to the legislature, which is apparently in the process of enacting the much-awaited Uniform Civil Code as contemplated under Article 44 of the Constitution of India.