Indian Law on Prenuptial Agreements

In India, there is no specific law on prenuptial agreements. However, they are recognized under the Indian Contract Act, 1872, and can be enforced in court if they meet certain conditions.

A prenuptial agreement, also known as a premarital agreement, is a legal document signed by both parties before marriage. It outlines how assets and property will be divided in case of a divorce or separation. Prenuptial agreements are becoming more common in India as people are becoming more aware of their legal rights.

While prenuptial agreements are not explicitly recognized under Indian law, they can be enforced under Section 10 of the Indian Contract Act, 1872. This section states that an agreement must be made by the free consent of the parties, be for a lawful consideration, and not be opposed to public policy.

To ensure that a prenuptial agreement is legally binding, both parties must enter into it voluntarily, without coercion or pressure from the other. The agreement must also be fair and reasonable, and not against public policy. For example, an agreement that seeks to limit or eliminate a spouse’s legal rights may be considered against public policy.

It is important to note that prenuptial agreements cannot override Indian family law, which governs issues such as child custody, maintenance, and alimony. However, a prenuptial agreement can set out how property and assets will be divided in the event of a divorce or separation.

In summary, while there is no specific law on prenuptial agreements in India, they are recognized under the Indian Contract Act, 1872. To be legally binding, they must be entered into voluntarily, be fair and reasonable, and not be against public policy. It is advisable to seek legal advice before entering into a prenuptial agreement to ensure that it is enforceable and meets all legal requirements.