Are Prenuptial Agreements Valid in Mumbai?

Prenups in India

Prenuptial agreements have slowly begun to be talked about in the Indian society and a few rich families do take recourse to prenups before marriage. So, the government has realized the need to give space to such an agreement under the legal umbrella. This is why, the ministry of women and child development has held discussions with legal experts to explore the possibility of making prenups legal in India. In fact, the ministry is actively pursuing the issue since the Marriage Laws (Amendment) Bill was introduced in the parliament.

Exception in India

In India, Goa is the only state where prenups are legal and it is because the state follows the Portuguese Civil Code 1867. So, if a couple from Goa enters into a prenuptial agreement, it would be valid.

Advantages of prenups

Prenups do not exist without reason. They have a solid ground and there are several advantages of entering into such an agreement.

  1. It protects the financial interests of the couple
  2. Clarifies money matters at the outset
  3. Lays down rules for sorting out matters in future
  4. Brings down the chances of conflicts between the couple
  5. Gives financial support to the couple in case of divorce
  6. Offers to be a strong measure to give women equal status in a matrimonial alliance in India

So, if seen in the right context, prenups can be quite beneficial to the couple. Nevertheless, the challenges of such an agreement cannot be ruled out altogether and therefore, if a couple decides to enter into such an agreement, they should weigh the pros and cons beforehand. In fact, it would be a good idea to consult a lawyer or an experienced family lawyer on the matter as they can guide a couple in the right direction and clarify their doubts and queries on the subject.



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