Aayushi asked 2 months ago
Hi, I wanted to know if pre-nups are legal, valid and enforceable in India? Is there any law which restricts doing it or is there any particular law which is to be followed? Understand it might vary depending on family law and that India does not have Uniform Civil Code so let’s consider Hindu as the religion for now.
Nyaaya answered 2 months ago
Though prenuptial agreements are not legally validated under religious Hindu marriage law, a prenuptial agreement can be legally enforceable as per contract law in India. A contractual prenuptial agreement should follow the legal rules of contracts given under the Indian Contract Act , 1872. To be valid, the contract should not be contrary to law or public policy, so if the marriage is governed by the Hindu Marriage Act, the contract cannot have provisions that violate that law.
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