Set all worries aside
If you’re wondering, “Can I get a prenup in India?” the answer is yes – but the prenuptial agreement format must comply with Indian laws to be considered by the courts.
For couples across India – from Mumbai to Delhi, Bangalore to Kolkata – prenuptial agreements (prenups) are becoming an essential tool for financial planning in marriage. Some Indian marriage laws recognize and mention prenups, and they are increasingly being admitted as evidence by Indian courts when deciding cases of separation and divorce, provided they meet specific legal criteria.
This guide explains in detail how to get a prenup in India, briefly explores the legality and validity, what it can (and cannot) include, and why more couples are opting for this financial safeguard.
A prenuptial agreement must fulfill several conditions to be considered by Indian courts. Both parties must enter the agreement voluntarily, without coercion or undue influence. The terms must be fair and reasonable; courts will reject clauses that leave one spouse financially vulnerable. Importantly, prenups cannot dictate child custody or child support arrangements, as these remain under judicial discretion.
The agreement should be executed before marriage, properly witnessed, and ideally notarized.
Among other requirements, prenups may only be considered valid contracts if they:
– Are signed voluntarily (no coercion)
– Include financial disclosure
– Have fair terms (cannot leave one spouse destitute)
Prenups cannot include:
– Child custody/support (decided by courts)
– Illegal/unethical clauses
For an in-depth understanding of the legality, validity, and enforceability of prenuptial agreements, read our Comprehensive Guide on Prenups in India.
The process of creating a prenup begins with consulting a specialized family lawyer familiar with prenuptial agreements. In cities like Mumbai and Delhi, where high-value assets are common, legal experts recommend detailed consultations to outline terms clearly.
Next comes financial documentation – listing assets, debts, and income sources. This transparency prevents future disputes. At Prenup India, the drafting phase typically takes 7-10 working days, with another week allocated for revisions. Final execution requires signatures from both parties and independent witnesses, and notarization for added legal weight.
For couples in Tier-1 cities and urban locations like Bangalore and Hyderabad, where tech professionals often hold ESOPs or startup equity, additional clauses may be necessary to protect these interests. Similarly, in Chennai and Kolkata, where ancestral property disputes are frequent, inheritance protection requires careful wording.
1. Consult a Prenup Lawyer
– Discuss asset protection needs
– Disclose finances (property, debts, income)
– Draft fair terms for both parties
2. Choose the Right Prenup Agreement
Prenup India offers three comprehensive packages:
– Shagun (₹19,990) – For salaried professionals
– Aashirwad (₹39,990) – For business owners
– Teej (Customized) – For HNIs/celebrities
Find out more about our offerings: Prenuptial Agreement Packages
3. Sign & Notarize Properly
– Must be signed before marriage
– Requires independent witnesses
– Notarization strengthens legal standing
4. Keep Updated
– Review the prenup every few years
– Amend for major financial changes
– Consider a postnuptial agreement (postnup) if your situation has changed significantly.
Prenuptial agreements in India can address multiple financial aspects. Asset protection clauses safeguard properties owned before marriage, including those inherited from families – particularly relevant in cities like Delhi and Mumbai with high real estate values. Business owners can specify terms for company shares and profit distribution.
Financial responsibilities like household expense allocation and joint account management can be predefined. Post-marriage considerations might include alimony & spousal support terms, property division guidelines, and debt responsibility. However, any clause violating Indian laws will be disregarded by courts.
What can a Prenup Agreement Include?
Asset Protection:
– Pre-marital property
– Family inheritance
– Business ownership
Financial Responsibilities:
– Expense sharing
– Joint account rules
Post-Marriage Terms:
– Alimony & spousal maintenance
– Debt responsibility
What It Cannot Include:
– Child custody & support (decided by courts)
– Illegal or unconscionable provisions
Mumbai:
Given the city’s high-cost real estate and business density, prenups often focus on protecting family-owned properties in South Mumbai (South Bombay) or Thane, and safeguarding entrepreneurial ventures.
Delhi:
With complex family structures and significant ancestral wealth, prenups in Delhi frequently include detailed inheritance clauses.
Bangalore:
For the IT hub’s professionals, prenups commonly address ESOPs, startup equity, and international assets. Tech-specific financial arrangements, when properly documented, make for a stronger prenup.
Hyderabad:
Given the city’s mix of traditional families and modern professionals, prenups here tend to balance inheritance protection with clauses for current earnings.
Chennai:
The Madras High Court has emphasized that prenups cannot override the Hindu Succession Act, making precise legal drafting crucial for inherited assets.
Kolkata:
In a city with strong family business traditions, prenups frequently include multi-generational wealth preservation strategies.
Prenuptial agreements offer multiple advantages for Indian couples. They may prevent false dowry or maintenance claims by documenting financial realities upfront. Family wealth, particularly in business-owning families across these cities, receives structured protection. Perhaps most importantly, they foster financial transparency between partners from the marriage’s outset.
✔ Prevents false dowry/maintenance cases
✔ Protects family wealth
✔ Reduces divorce conflicts
✔ Encourages financial transparency
For NRIs marrying in India – especially in metros like Mumbai, Bangalore, and Delhi – prenups help navigate cross-border legal complexities. They also reduce costly litigation; the average contested divorce in these cities takes 3-5 years, while prenups can help settle asset division swiftly, saving considerable time, money, and effort.
If you’re looking for an alternative to prenups in India, you may also consider a quasi prenup. To learn more, read our blog on Quasi Prenups In India: Valid Alternative To Prenuptial Agreements?
To understand the process and steps, read our Complete Legal Guide: How To Get A Quasi Prenup In India.
Prenup India is here to assist you in drafting a sound prenuptial agreement tailored to your needs. Our network includes local legal experts familiar with each jurisdiction’s nuances, ready to help in securing your marriage and financial future together. At Prenup India, we combine legal expertise with personalized service to create agreements that stand the test of time.
To get started drafting your prenup, contact us or take a look at our easy 3-step process on How To Create A Prenuptial Agreement Online With Prenup India.
Create your prenup online with our easy 3-step process.
Ready to get started? View our prenup packages.
Our complete service includes legal consultations with experts, customized agreement drafting for your specific needs, official document notarization, and delivery of your finalized prenup within 14 days.
Most couples complete the process in 2-3 weeks, including consultations, drafting, and revisions. Once you submit all your details, you will receive your final document within 14 days.
Urgent services are available for time-sensitive situations.
Prenup India offers packages starting at ₹19,990 for comprehensive prenuptial agreements, with customization and pricing options for complex assets, celebrities, NRIs, and special requirements. Take a look at our Prenup Packages to learn more.
Indefinitely, unless amended or invalidated by court, or by agreement between the couple, or by the creation of a postnup or other agreement overriding the prenup.
While the Indian Contract Act, 1872, applies to all agreements made in India, local courts in Mumbai, Delhi, and other cities may interpret certain clauses differently based on regional precedents.
Yes, it must comply with both Indian and resident country laws.
Yes, we offer quasi prenups as a prenup alternative in India – just select your prenup package and inform our legal experts during your consultation that you wish to create a quasi prenup. Our lawyers will draft a comprehensive quasi prenuptial agreement for you within the same package.
Quasi prenups are a popular alternative to prenups in India. To learn more about quasi prenups, their legality, validity, and enforceability, and how they are different from prenups, read our blog on Quasi Prenups In India: Valid Alternative To Prenuptial Agreements?
Set all worries aside
Prenup India offers comprehensive notarized prenuptial agreements online to protect your marriage, saving time & money. Whether you’re a young couple, business owner, or high-net-worth individual (HNI), we offer affordable packages with complete legal support – from consultation to notarization.
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