Hi is haq mehr valid I USA,NY? Can anyone recommend a lawyer with haq mehr experience?
Re: is haq mehr valid in us?
Haq Mehr is an obligation, but don't know if a husband in USA can be held against that in the court of law in USA, unless it was written in the prenuptial agreement
Re: is haq mehr valid in us?
Hi is haq mehr valid I USA,NY? Can anyone recommend a lawyer with haq mehr experience?
Pakistan's nikah-nama is valid in the US, and is used as a legal marriage document to sponsor your spouse. So I reckon that everything written on the nikahnama is legal and can be used in a court of law as well. The haq meher amount is written on the form.
Re: is haq mehr valid in us?
Isn't it like a prenuptial agreement which are valid although they can be challenged in court. Definitely ask a lawyer who specialises in family law. All states have differing laws so get someone local.
Re: is haq mehr valid in us?
HAQ MEHR is obligation and must be paid to the Bride on Day/night of Nikah. It is a condition of Nikah, otherwise nikah is not valid.
Re: is haq mehr valid in us?
It all depends on the law of the state so you need to contact a family lawyer in the state you want this enforced in. Keep in mind that to enforce it as a prenuptial agreement, it would need to meet the specific requirements necessary to make a valid prenuptial agreement in your state. Alternatively, you could try to enforce it as a contract but then you'd need to show "consideration" for that contract which could be tricky. Bottom line....go talk to a family law attorney in your state.
Re: is haq mehr valid in us?
That's a good question. I have a friend who is going through a divorce and her husband's mehr to her (after arguing with her father) was $50k and now he's refusing to sign the divorce papers so he doesn't have to give her money he obviously doesn't have. But I wonder if he's legally bound to give it to her in Canada.
Re: is haq mehr valid in us?
It's VERY SAD. People don't understand the concept of Haq Mehr and men don't take the concept seriously.
Witholding Haq Mehr at least by the time a divorce happens...is bad. Forget the local laws. You have to answer to God one day. That's a commandment from God of what you owe to another human being. To not pay it...that's like slapping God in the face.
The amount should not be anything that you can't fork over the day of the wedding. That way, you're not fighting over it later on, crying that you can't afford 50,000 to give to your ex-wife.
Ideally should be given at the time of the nikkah. So then you're done - no further arguments about this in the future.
Contrary to popular belief among desis, it is not something that should be held out in case of divorce. The woman has a right to that amount since the first day of marriage.
Contrary to popular belief among desis, a woman doesn't and really shouldn't be giving the amount back to her husband in the future. Family, yes, maybe. You can always put the amount aside and/or invest in property/gold that will grow in value, and then hand it to your kids in the future or save it for your family for a rainy day. But you're not supposed to take the check and then hand it back to your husband the next day. That money is exclusively yours to decide what you want to do with it, and if you want to go buy yourself a boat load of gold and clothes, then you can do that. There is NO sin on that.
Re: is haq mehr valid in us?
i would think it is valid as long as the nikkah naama is the only legal document you signed for the marriage (no court marriage etc.) It will become your legal prenum document.
Re: is haq mehr valid in us?
Each state has specific requirements for a document in order for it to be a valid prenup. Here’s the link for Texas. If the nikkah naama does not meet the legal requirements OR can be challenged under the statute, then the monetary obligation agreement won’t be enforceable.
FAMILY CODE CHAPTER 4. PREMARITAL AND MARITAL PROPERTY AGREEMENTS
Re: is haq mehr valid in us?
It's VERY SAD. People don't understand the concept of Haq Mehr and men don't take the concept seriously.
Witholding Haq Mehr at least by the time a divorce happens...is bad. Forget the local laws. You have to answer to God one day. That's a commandment from God of what you owe to another human being. To not pay it...that's like slapping God in the face.
That's what first came to my mind too.
You made a commitment. Stand up to it.
Re: is haq mehr valid in us?
Its not valid unless you make it a legally signed pre-nup type agreement between the two parties which I would do unless husband gives you meher right away.
Re: is haq mehr valid in us?
That's a good question. I have a friend who is going through a divorce and her husband's mehr to her (after arguing with her father) was $50k and now he's refusing to sign the divorce papers so he doesn't have to give her money he obviously doesn't have. But I wonder if he's legally bound to give it to her in Canada.
Well..regardless of what amount is it...i have done research about this topic here. You see obligation is obligation. Which means...it is fardh. However, in the event..if a woman asks for divorce...she automatically forfeits her right for haq e mahr. And if and only if the condition upon nikkah that groom will pay his wife eventually. But if the husband has paid her already...and she asked for divorce then..she is to return his money back to him.
That was when woman asks for divorce. But if husband gave her divorce then he is obliged to give her right and let her go with goodness.