FAQ

A Prenuptial Agreement (Prenup) is a contract between two people who are going to get married. This Agreement outlines certain rights and financial arrangements that the partners agree to while getting married. That way, in case of an unfortunate breakdown of marriage or death, the partners are already aware of the properties and how the rights will be divided after divorce.

You can use a prenup as a sort of financial planning tool, allowing you and your future spouse to discuss how assets and debt will be managed during the marriage as well. The terms of a comprehensive prenup drafted by our legal experts at Prenup India can address and/or determine assets, debt, maintenance & alimony (spousal support), inheritances, gifts, taxes, joint bank accounts, pet custody, and much more.

Prenups are designed to protect each party’s interests and provide clarity on financial matters, especially in cases where one or both parties have significant assets, debts, or complex financial situations. Prenups provide utmost clarity, transparency, and a sense of security regarding how assets, liabilities, and financial responsibilities will be handled during and after the marriage.

• To safeguard individual property or joint family wealth by disclosing before marriage that the intention is to not stake claim on each other’s properties.
• To clarify financial expectations and avoid disputes.
• To ensure fair treatment of children from previous relationships.
• To prevent prolonged legal battles in the event of a separation.

There is a difference between “illegal” and “unenforceable”. Prenups are valid in India, they are not illegal.

Although Indian marriage laws do not explicitly recognize prenups, nowadays courts consider prenups in divorce or separation proceedings as evidence in marital disputes, particularly regarding asset division or maintenance. In 2023, a Family Court in Mumbai held that while a prenup is not a binding contract in India, it can be considered to gain insight into the intentions of the parties involved. In 2023, another Family Court in Delhi said, “Make prenuptial agreement compulsory.”

Courts may use prenups to understand what the couple intended to do in case their marriage did not work out. The evidentiary value of prenups is also especially useful when filing Assets and Liabilities Affidavit, which is now compulsory in divorce cases.

Once you submit all your details, you will receive your final notarized Prenuptial Agreement within 14 days.

The time taken for customized and longer agreements may vary on a case-by-case basis. It will be communicated to you during your consultation.

While notarization is not mandatory, a notarized Prenuptial Agreement (like all other documents) signed by witnesses carries more legal weight in court.

Prenup India simplifies the sensitive process of drafting a legally sound Prenuptial Agreement tailored to Indians. We combine legal expertise with personalized service to create agreements that stand the test of time.

Our platform offers fully customizable agreements to address asset division, financial responsibilities, business protection, and other needs of spouses, ensuring your unique requirements are met.

With expert legal reviews, affordable pricing, and a user-friendly online experience, we prioritize convenience, confidentiality, and transparency. By fostering open communication and setting clear financial expectations, we aim to strengthen relationships while safeguarding your individual interests.

Choose Prenup India for a seamless and professional way to secure your future together. 

Unfortunately, Prenup India does not issue refunds, as stated in our Terms & Conditions. Please consult with your partner carefully before making the payment, and reach out to us if you have any questions!

There are limitations to what terms and provisions can be included in a prenuptial agreement, and what it can cover. Some of these are listed below:

Matters Related to Children

• Child Custody: Prenuptial agreements cannot determine child custody arrangements, visitation rights, or the child’s religious upbringing or schooling.
• Child Support: The agreement cannot predetermine child support obligations. Child custody & support are determined by the courts.

Personal Matters

• Day-to-Day Household Matters: A prenup cannot dictate household chores, who is responsible for certain tasks, or other personal preferences.
• Personal Behaviours: Clauses related to personal behaviours, such as infidelity or where to spend holidays, cannot be included.
• Spousal Responsibilities: A prenup cannot force one spouse to be a stay-at-home parent or hold down a specific job.

Illegal or Unfair Provisions

• Illegal Or Unethical Provisions: Anything that violates the law cannot be included in a prenuptial agreement.
• Unconscionable Terms: Agreements with terms that are grossly unfair or one-sided, create extreme hardship, or violate fundamental rights or marital rights cannot be included in a prenup.
• Provisions Against Public Policy: A prenup cannot include provisions that go against public policy, such as waiving a parent’s obligation to provide child support.

If you and your partner disagree about the terms of a Prenuptial Agreement (Prenup) and ultimately separate or break up before getting married, the situation is generally less complicated than if you were already married.

Here’s what you need to know:

1. No Prenup, No Legal Obligations

If you separate before marriage and no prenup is signed, there are no legal obligations between you and your partner. Without a marriage, the laws governing divorce, spousal support, and property division do not apply.

2. Disputes Over Drafting the Prenup

If you were in the process of negotiating a prenup but couldn’t agree on terms, the disagreement itself might reveal fundamental differences in financial values or priorities. This could be a red flag about compatibility, and separating before marriage might save you from future conflicts.

3. Emotional and Practical Considerations

Breaking up before marriage can be emotionally challenging, but it may be simpler legally and financially than divorcing after marriage. Take time to reflect on the reasons for the breakup and whether the disagreement over the prenup was a symptom of larger issues in the relationship.

Summary:

A prenup is meant to ensure you and your partner are compatible, to discuss in advance any potential differences, and to lay out the terms and expectations of the marriage. If you are not on the same page before marriage, the prenup discussion will have saved you both from a messy situation.

No, prenuptial agreements are not just for the wealthy – they can benefit couples across all financial backgrounds. While prenups are often associated with high-net-worth individuals (HNIs), wealthy people, or celebrities, their practical advantages extend to anyone who wants clarity, security, and fairness in their marital finances.

Why Prenups Are Useful for All Couples:

Clarity on Financial Responsibilities

• Couples can define how expenses (rent, loans, household costs) will be shared.
• Avoids misunderstandings about who pays for what during the marriage.

Protection of Individual Assets

• If one partner owns property, investments, or a business, a prenup can prevent future disputes over ownership.
• Useful for those entering a second marriage who want to safeguard assets for children from a previous relationship.

Debt Protection

• A prenup can specify that one spouse’s pre-marriage debts (student loans, credit card debt) remain their sole responsibility.
• Prevents the other spouse from being unfairly burdened by liabilities they didn’t incur.

Avoiding Costly Legal Battles

• Even modest couples can face messy disputes over savings, joint accounts, or inherited family assets.
• A prenup reduces ambiguity, saving time, money, and emotional stress in case of separation.

Business Owners & Professionals

• Small business owners, freelancers, and professionals (doctors, lawyers) can use prenups to shield their practices from divorce claims.
• Ensures business continuity without partnership disputes.

Future Financial Planning

• Couples can agree on savings, investments, and retirement fund contributions in advance.
• Useful for those with different spending habits or financial goals.

Summary

A prenup isn’t just for millionaires – it’s a practical tool for any couple who values financial honesty and wants to prevent unnecessary disputes. Our legal experts at Prenup India ensure the agreement is fair and balanced for both parties.

Read more about this question in our blog: Is A Prenup Only for Rich People & Wealthy Couples? Debunking the Myth.

If you have a Prenuptial Agreement (Prenup) and are facing divorce or separation, the prenup may play a significant role in determining how assets, debts, and other financial matters are handled.

Here’s what typically happens in case of divorce or separation if you have a prenup:

1. Property Division

A prenup can specify how marital property (assets acquired during the marriage) and separate property (assets owned before the marriage or inherited) will be divided.

Example: The prenup may state that each spouse keeps their own separate property and divides marital property 50/50.

2. Spousal Support (Alimony and Maintenance)

A prenup can include provisions about whether spousal support will be paid, how much, and for how long. It can also waive spousal support entirely.

Example: The prenup may state that neither spouse will receive alimony or maintenance.

3. Debts

A prenup can specify how debts will be divided, including whether one spouse will assume responsibility for certain debts.

Example: The prenup may state that each spouse is responsible for their own debts incurred during the marriage.

4. Business Interests

A prenup can protect a business owned by one spouse, ensuring it remains separate property and is not subject to division.

Example: The prenup may state that a business owned by one spouse before the marriage will remain their separate property.

5. Retirement Accounts and Pensions

A prenup can specify how retirement accounts and pensions will be divided.

Example: The prenup may state that each spouse keeps their own retirement accounts. Otherwise, retirement accounts accumulated during the marriage may be divided according to state law.

Key Steps in Case of Divorce or Separation with a Prenup

• Review the Prenup: Carefully review the terms of the prenup to understand how it affects property division, spousal support, and other matters.
• Consult an Attorney: Work with a family law advocate to navigate the divorce process. Prenup India is here to assist you in this tough time – reach out to us for help with separation, mediation, or divorce proceedings.
• Gather Financial Documents: Collect records of assets, debts, income, and expenses to ensure the prenup is implemented correctly.
• Mediation or Litigation: If disputes arise, consider mediation to resolve them amicably rather than litigating in court.

Summary:

A prenup can simplify the divorce process by clearly outlining how property, debts, and spousal support will be handled. Contact Prenup India for help with separation, mediation, or divorce proceedings.

If any clause of a prenuptial agreement contradicts any law, the court will disregard that part while possibly upholding the rest of the agreement.

Yes, a prenup can specify that a business remains separate property. However, if the spouse contributed to the business (financially or through labor), courts may still consider their claim. A well-drafted shareholders’ agreement can further strengthen protection.

If you are a business owner, our legal experts at Prenup India can customize your Prenuptial Agreement with specific, comprehensive clauses to protect business interests in our Teejh Prenup Package.

No, Indian courts decide child custody and support based on the child’s best interests, regardless of any prenup terms. However, a Prenup drafted by our experts at Prenup India can secure your child’s interests in other ways – keep reading below to learn How A Prenup Can Protect Your Children.

A Prenuptial Agreement (Prenup) can help protect your children, particularly in situations involving blended families, prior marriages, or significant assets. While Indian courts decide child custody and support based on the child’s best interests, regardless of any prenup terms, here are some ways a prenup can protect your children:

1. Preserving Inheritance for Your Children

If you have children from a previous relationship, a prenup can ensure that specific assets (e.g., family heirlooms, real estate, or investments) remain your separate property and are passed on to your children rather than being divided with your spouse in a divorce or inherited by them upon your death.

This is especially important if you want to prevent your spouse from claiming a share of assets you intend to leave to your children.

2. Clarifying Separate vs. Marital Property

A prenup can clearly define which assets are separate property (e.g., assets acquired before the marriage or inherited during the marriage) and which are marital property. This ensures that assets earmarked for your children are not commingled or subject to division in a divorce.

3. Protecting Family Businesses or Trusts

If you own a family business or have assets held in a trust for your children, a prenup can specify that these remain separate property and are not subject to division in a divorce. This ensures the business or trust continues to benefit your children.

4. Addressing Life Insurance or Financial Accounts

A prenup can include provisions requiring your spouse to maintain life insurance policies or designate your children as beneficiaries of certain accounts (e.g., retirement accounts or investment accounts) to ensure they are financially protected in the event of your death.

5. Limiting Claims on Your Estate

Spouses have a legal right to claim a portion of your estate, even if your will states otherwise. A prenup can waive or limit these rights, ensuring that your children receive the inheritance you intend for them.

6. Reducing Conflict in Divorce

By clearly outlining financial arrangements and property division in a prenup, you can minimize disputes during a divorce. This can create a more stable and less contentious environment for your children.

7. Providing for Children from a Previous Relationship

If you have children from a prior marriage, a prenup can ensure that your obligations to them (e.g., child support or educational expenses) are prioritized and not compromised by your new spouse’s claims on your income or assets.

8. Supplementing Estate Planning

A prenup can protect your children’s interests, and should be used in conjunction with a comprehensive estate plan that includes wills, trusts, and beneficiary designations to ensure your children inherit specific assets or receive financial support. Contact Prenup India to draft your will and detailed estate plan for succession management.

Summary:

A prenup can protect your children by safeguarding assets, clarifying inheritance rights, and reducing conflict.

Yes, you can modify and/or update a Prenuptial Agreement (Prenup) after marriage. It requires the consent of both spouses and must be done through a formal process. This is typically accomplished by creating a Postnuptial Agreement (Postnup), which amends or replaces the original Prenup.

Why Modify / Update a Prenup?

• Changed Circumstances: Life changes such as the birth of children, significant increases in income, or acquiring new assets may make the original prenup outdated or unfair.
• Reconciliation: If you’ve separated and reconciled, you may want to update the prenup to reflect your current relationship.
• Estate Planning: You may want to align the prenup with your estate plan or ensure that children from a prior relationship are provided for.
• Business Interests and Protecting New Assets: If you’ve acquired significant assets (e.g., a business, real estate, or investments), you may want to specify how these will be divided in the event of divorce.
• Adding Children: If you have children after marriage, you may want to modify the prenup to include provisions for their financial support or inheritance.
• Updating Spousal Support: You may want to revise spousal support terms based on changes in income or financial circumstances.

How to Modify a Prenup

Create a Postnuptial Agreement, which is a legal contract that modifies or replaces the terms of the original prenup. It must be signed by both spouses and meet the same legal requirements as a prenup. Both spouses must agree to the changes. If one spouse refuses, the original prenup remains in effect.

Summary:

You can modify a prenup after marriage by creating a postnuptial agreement. As with a prenup, both spouses must agree to the changes and terms of a postnup.

If you’re considering modifying your prenup, reach out to Prenup India – our team of expert family law advocates ensure the changes are legally sound and protect your interests.

No, you cannot get a Prenuptial Agreement (Prenup) after you are already married because, by definition, a prenup is a contract entered into before marriage. However, if you are already married and want to create a similar agreement, you can create a Postnuptial Agreement (Postnup). A postnup serves many of the same purposes as a prenup and can be a valuable tool for protecting your assets and clarifying financial arrangements during your marriage.

What is a Postnuptial Agreement?

A postnuptial agreement is a legal contract between spouses that outlines how assets, debts, and other financial matters will be divided in the event of divorce, separation, or death. Like a prenup, it can address:

• Division of property (marital and separate)
• Spousal support (alimony and maintenance)
• Debt responsibility
• Inheritance rights
• Protection of family businesses or assets for children from prior relationships

Why Consider a Postnup?

Even if you didn’t create a prenup before marriage, a postnup can still be beneficial in situations. When to consider a Postnup:

• Changes in Financial Circumstances: You and your spouse have experienced significant financial changes, or one spouse has significantly increased their income or acquired new assets.
• Blended Families: You want to ensure that children from a prior relationship inherit specific assets.
• Marital Strain: You and your spouse want to clarify financial expectations to avoid future conflicts, or tou are reconciling after a separation and want to clarify financial terms.
• Business Interests: You want to protect a business or professional practice acquired during the marriage, or you are starting a business or acquiring significant assets and want to protect them
• Estate Planning: You want to align your financial arrangements with your estate plan.

Steps to Get a Postnup:

• Discuss with Your Spouse: Open an honest dialogue about why you want a postnup and how it can benefit both of you.
• Draft the Agreement: Reach out to Prenup India to draft terms that address your specific needs and concerns, and get a notarized postnuptial agreement.

Summary:

If you are already married, you cannot get a prenup, but you can create a postnuptial agreement to achieve similar goals. A postnup can protect your assets, clarify financial responsibilities, and provide peace of mind.

Reach out to Prenup India today to draft a postnup agreement that meets your needs.