The government’s recent proposal to introduce pre-marital counselling, complementing the pre-nuptial courses that have long been conducted by the Church, is a welcome step towards strengthening relationships and reducing marital discord. However, while such counselling rightly focuses on emotional preparedness, compatibility and conflict resolution, it often overlooks the harsh financial and legal consequences of a marriage breaking down irretrievably. Under Goa’s Uniform Civil Code (UCC), marriage is governed by the default system of communion of assets (communhão dos bens), under which property acquired before or during the marriage is jointly owned. While this arrangement promotes equality within a marriage, its dissolution can lead to complicated and bitter legal disputes. Goans, particularly non-resident Goans (NRIs), often find themselves caught in prolonged litigation, unreasonable settlement demands and disputes over ancestral properties, which can remain tied up for years.
To prevent such distressing legal complications, pre-nuptial agreements, or ante-nuptial contracts, should be actively encouraged and incorporated into the pre-marital counselling framework. Under the existing civil law, couples can execute an ante-nuptial contract before a civil registrar to establish clear terms governing asset ownership, safeguard ancestral properties and determine financial arrangements in the event of separation or divorce. Normalising such agreements could help protect individual inheritances, minimise financial disputes and reduce the burden on civil courts.Before introducing mandatory state-sponsored counselling, however, a wider public consultation is necessary. The government should actively seek the views of legal practitioners, social workers, marriage counsellors and family court judges to examine how pre-nuptial agreements can be promoted in an ethical, practical and accessible manner. Emotional preparedness is undoubtedly essential for a successful marriage, but financial and legal clarity is equally important. Combining meaningful pre-marital counselling with appropriate legal safeguards would give young couples a more comprehensive understanding of marriage, protecting not only their emotional well-being but also their financial interests and future security.
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