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Are Prenuptial Agreements Valid In India?

When Sumit and Disha decided to tie the knot, the two thought of having a destination wedding at an exotic location. They had quite out-of-the-box ideas for their marriage and prenuptial agreement popularly called “prenups” in the West was also one of them. The two thought of breaking new ground and took to prenups and if you are thinking what a prenuptial agreement is, it is not unheard of in India. A few couples are opting for such an agreement and therefore, it makes sense to look into the different aspects of this agreement.

What is a prenuptial agreement?

A prenuptial agreement is an agreement entered into by parties intending to marry or contract with each other. This agreement normally relates to the division of property if breakup or divorce takes place between the couple. It is formal in nature and duly signed by both the parties.

Is prenups legally valid in India

Though prenuptial agreement is not valid in an Indian court of law, it can be used as reference and evidence. Also, if any two marrying partners enter into any such agreement, it would be taken as ordinary agreement. The agreement may come under the Indian Contract Act 1872.


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