LawRato

Special marriage act and prenuptial agreement


01-Jun-2024 (In Family Law)
I have come across that if marriage is solemnised under Special marriage act with proper registration of all documents of declaration at the registrar office then prenuptial agreement are are considered legally binding or else not. So what all documents are to be submitted to ensure legal binding of prenuptial agreement to make them valid and legally enforceable in India? What clauses even if mentioned in the prenuptial agreement will be considered null and void in the court of laws in india?
Answers (2)

Answer #1
528 votes
Prenuptial agreement has no validity in a marriage between the parties where both are Hindu, Muslim marriage is a contract Hindu marriage is not. This this agreement has no legal validity as per my knowledge. Don't be influenced by these. Ultimately if some issues arises your agreement will fall flat in Court.
Helpful? LawRato LawRato
Advocate Shayan Sachin Basu

Adv. Shayan Sachin Basu

LawRato Kolkata | 400+ Answers
Chat with Advocate Shayan Sachin Basu Chat 
Answer #2
899 votes
prenuptial is not legal in india it is not codified in any either of the Act The Indian law does not have any specific legal provision for governing pre – nuptial agreements and neither are they recognized under any statute or legislation. In India, the dissolution of marriage takes place according to various personal laws
Helpful? LawRato LawRato
Advocate Sharmin Zafar

Adv. Sharmin Zafar

LawRatoKolkata | 50+ Answers
Chat with Advocate Sharmin Zafar Chat 

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Connect with top Family lawyers for your specific legal issue
Connect with a Lawyer
Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

All Answers

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

LawRato