What is a prenuptial agreement

750 votes

A prenupital agreement is a written contract made between a man and a woman before they marry, in which they state how their assets such as property and money should be divided if they get divorced or separated.

In India, prenuptial agreements are neither legal, nor valid under the marriage laws because they do not consider marriage as a contract. A marriage is treated as a religious bond between husband and wife and prenuptial agreements don't find social acceptance. However, these are governed by the Indian Contract Act and have as much sanctity as any other contract, oral or written.

The Indian courts take cognisance of a prenuptial agreement if both the parties mutually agree to it and sign it voluntarily, without any undue influence, force or threat. Besides, the agreement should be fair, clearly stating the division of property, personal possessions and financial assets of the parties, and should be certified by a separate lawyer for each.

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Advocate Anubhav Kathuria LawRato

691 votes

Prenuptials are invalid and unrecognized by the Indian Laws. However, you may get your married registered along with prenuptials in a country which validates and recognizes the same, for instance the United States of America.

Advocate Tushar Kumar LawRato