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At Prenup India, we recognize that modern relationships require modern solutions. That is why we help couples approach marriage with clarity and confidence through structured, sound prenuptial agreements (prenups). To help you get started with your prenup, this guide addresses key questions about prenups – including their legality, validity, and enforceability – so you can make informed decisions about protecting your financial future and securing your marriage.
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. A prenup serves as an important financial planning tool, allowing future spouses to discuss how assets and debt will be managed during the marriage as well.
Among other provisions, a prenup can address and/or determine terms for:
Prenups are recognized and codified under certain Indian laws, though in some cases they are not strictly enforceable like other agreements and contracts. However, properly drafted prenups are increasingly being considered by Indian courts as evidence in marital disputes, provided they meet certain legal standards.
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 use prenups to understand what the couple intended to do in case their marriage did not work out. They can act as a deterrent for false claims and provide evidence of financial discussions. This evidentiary value is especially useful when filing Assets and Liabilities Affidavit, which is now compulsory in divorce cases.
This is an evolving area of the law, though written and signed prenuptial agreements have existed in India for at least several decades. They have been held to be valid and enforceable in certain cases. Check out our Resources Page to learn more about their validity, and the recent views of Family Courts and the judiciary on the matter of prenups.
There are 3 primary elements to consider when it comes to any agreement or contract:
A contract is said to be legal as long as it is within the bounds of the law. Illegal contracts are those that are considered to be against the law (e.g. contracts for illegal gambling, drug distribution, or the sale of unlicensed arms, or agreements to commit fraud or violate labour laws).
For a contract to be considered valid, it must have several necessary elements and meet certain key requirements, including offer, acceptance, consideration, and capacity of the parties to contract, among others. Invalid contracts are those that are missing key elements, such as willful consent.
Enforceability means the ability of a court or any other authority to uphold and enforce the terms of a contract. For a contract to be enforceable, it must be both legal and valid. For enforceable contracts, parties can seek legal remedies for breach, such as damages or specific performance.
Let’s understand the possible scenarios involving contract legality, validity, and enforceability:
If a contract is illegal, it is always unenforceable regardless of whether it is valid or invalid.
If a contract is legal and invalid, it is not enforceable.
If a contract is legal and valid, it is generally enforceable.
In rare cases, a contract may be legal and valid, but still unenforceable (for e.g. a verbal bet between two people).
So this brings us to three important questions regarding prenups:
For clarity, let’s address these common doubts and other frequently asked questions (FAQs) on prenups as briefly as possible:
Is a prenup illegal in India? No, a prenup is not illegal in India.
Is a prenup legal in India? Yes, a prenup is legal, valid, and enforceable for certain communities and territories in India, if drafted correctly.
Is a prenup valid in India? Yes, a prenup is valid in some communities and territories of India, while in other cases the court has held that a prenup between parties is invalid.
Is a prenup invalid in India? In certain cases, prenups have been held by courts to be invalid.
Is a prenup enforceable in India? If a prenups is valid, it is generally enforceable. In cases where prenups are invalid, they are not enforceable.
What is the difference between “illegal” and “invalid”? In this context, “Illegal” means against the law, while “invalid” means not legally binding or enforceable. Invalidity can stem from other flaws like lack of consent or proper agreement formation (e.g., unsigned contract, missing essential terms, absent consideration). In short, all illegal agreements are invalid, but not all invalid agreements are illegal.
Simple example: A contract that was never signed may be invalid. It is not, however, illegal.
You can find these FAQs listed clearly and briefly again at the end of this article.
Indian prenuptial agreements can address several important financial matters and aspects of married life:
There are important limitations to what terms and provisions can be included in a prenuptial agreement in India. Some of these are listed below:
Read our blog to find out more about common myths regarding prenups in India.
What is the best prenup format in India? There is no one-size-fits-all answer for prenuptial agreement formats – each prenup needs to be customized for the couple. It is important to consult a legal expert in family law and contracts to understand the legality of the provisions, terms, and clauses of the prenup. Prenup lawyers and attorneys are vital to drafting a valid prenup under Indian legal frameworks.
On a general level, as a matter of best practice, prenups in India should:
The framework for non-resident Indians (NRIs) to get a prenup in India is slightly different. Read our blog on Prenups For NRIs to learn more. For more information and answers to frequently asked questions about prenups in India, visit our FAQ Page.
For those looking for an alternative to prenups in India, many leading lawyers recommend quasi prenups. Quasi prenuptial agreements are legally structured agreements or documents that serve a similar purpose to a traditional prenuptial agreement, but are framed differently to comply with Indian laws. The fundamental distinction lies in their terms, provisions, and drafting. A quasi prenup agreement is a premarital agreement that includes certain terms and clauses regarding the marriage that are different from a standard prenup, and is usually executed along with other contracts or legal documents to give it force in law.
If you’re looking for prenup alternatives 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?
For an overview of how to get a quasi prenup, read our Complete Legal Guide: How To Get A Quasi Prenup In India.
Prenup India simplifies the sensitive process of drafting a sound prenuptial agreement tailored to Indians. Our platform offers fully customizable agreements to address asset division, financial responsibilities, and business protection, among other aspects of married life, ensuring your unique needs are met. We also offer quasi prenups as a prenup alternative in India – all our packages include the option to create a quasi prenup as part of the standard package.
Our expert services include:
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.
To understand how to get started with drafting your prenup, read our Complete Legal Guide: How To Get A Prenup In India.
Understanding prenuptial agreements is the first step toward 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 see how to create your prenuptial agreement with Prenup India’s expert lawyers, take a look at our easy 3-step process: How To Create A Prenup Online In India.
Or contact our team today to discuss how we can help protect your future.
Create your prenup online with our easy 3-step process.
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Yes, prenups are legal, valid, and enforceable for certain communities and territories in India.
No, prenups are not illegal in India.
Yes, prenups are valid in some communities and territories of India, while in other cases the court has held that a prenup between parties is invalid.
In certain cases, prenups have been held by courts to be invalid.
Where prenups are valid, they are generally enforceable. In cases where prenups are invalid, they are not enforceable.
In this context, “Illegal” means against the law, while “invalid” means not legally binding or enforceable. Invalidity can stem from other flaws like lack of consent or proper agreement formation (e.g., unsigned contract, missing essential terms, absent consideration). In short, all illegal agreements are invalid, but not all invalid agreements are illegal.
Simple example: A contract that was never signed may be invalid. It is not, however, illegal.
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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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