Goan Civil Code
Did you know that the state of Goa (South West of India) has one of those legal rarities- the pre-nuptial agreement?
The Goan civil code
Goa has had a uniform civil code for the last 500 years.
Though written in Portuguese, it has been translated into English. The Goan government has realised that these old laws may need to be changed or altered to some extent. Especially the laws concerning property distribution during marriage and divorce.
Marriage
The uniform civil code insists that all couples must register their intent to marry as well as the marriage itself. The code supersedes religious rules. If a marriage is not registered, the court does not recognize it.
Pre- Nuptial Agreement
In a pre- nuptial agreement, the couple should choose any of the three available systems which deal with property distribution. This contract cannot be changed after the marriage has taken place.
Property
If no contract has been signed, it is custom of the country that governs by default. It is assumed that the couple married under communion of property.
Properties that belong separately to each of the spouses need to be registered. Otherwise it will be assumed to be community property. All property acquired during the marriage is considered joint property - to be equally divided in case of divorce.
Couples who choose to marry under separate property regime must necessarily reject the communion of property. Each of the property acquired even after marriage can only be registered in the name of one of the spouses. There is no dual ownership.
The third system is dotal regime, which has couples specifying the property included in the endowment.
Though these contracts have a lot of flexibility, they must be drawn up before the marriage. Not a single clause can be changed after the wedding.
These family laws in Goa aim to protect both the parties. But like any other law, ignorance of these laws render them less effective. Women should be made aware of these laws and their rights to prefer separate property regimes.
Divorce Laws
The divorce laws in Goa aim to be fair to both parties. Both the families have three of their members to represent them. They play a significant role in granting a separation and maintenance to be allotted to the needy spouse.
If the divorce is not mutually sought but contested, the children's custody usually goes to the person who wants to keep the marriage intact and avoid divorce.
These laws apply equally to every one in Goa. Personal law plays no role here. Goan laws are an example of how uniform civil codes treat every member of the society impartially.
Did you know that the state of Goa (South West of India) has one of those legal rarities- the pre-nuptial agreement?
The Goan civil code
Goa has had a uniform civil code for the last 500 years.
Though written in Portuguese, it has been translated into English. The Goan government has realised that these old laws may need to be changed or altered to some extent. Especially the laws concerning property distribution during marriage and divorce.
Marriage
The uniform civil code insists that all couples must register their intent to marry as well as the marriage itself. The code supersedes religious rules. If a marriage is not registered, the court does not recognize it.
Pre- Nuptial Agreement
In a pre- nuptial agreement, the couple should choose any of the three available systems which deal with property distribution. This contract cannot be changed after the marriage has taken place.
Property
If no contract has been signed, it is custom of the country that governs by default. It is assumed that the couple married under communion of property.
Properties that belong separately to each of the spouses need to be registered. Otherwise it will be assumed to be community property. All property acquired during the marriage is considered joint property - to be equally divided in case of divorce.
Couples who choose to marry under separate property regime must necessarily reject the communion of property. Each of the property acquired even after marriage can only be registered in the name of one of the spouses. There is no dual ownership.
The third system is dotal regime, which has couples specifying the property included in the endowment.
Though these contracts have a lot of flexibility, they must be drawn up before the marriage. Not a single clause can be changed after the wedding.
These family laws in Goa aim to protect both the parties. But like any other law, ignorance of these laws render them less effective. Women should be made aware of these laws and their rights to prefer separate property regimes.
Divorce Laws
The divorce laws in Goa aim to be fair to both parties. Both the families have three of their members to represent them. They play a significant role in granting a separation and maintenance to be allotted to the needy spouse.
If the divorce is not mutually sought but contested, the children's custody usually goes to the person who wants to keep the marriage intact and avoid divorce.
These laws apply equally to every one in Goa. Personal law plays no role here. Goan laws are an example of how uniform civil codes treat every member of the society impartially.
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