This short article is written by Bhavneet, A fifth-year law student at Chandigarh University. She is passionate about law and has written various blogs and articles which have helped widen her knowledge.
ABSTRACT
In India, where traditional marriage norms frequently take precedence over legal requirements, this article examines the validity and enforceability of prenuptial agreements, commonly referred to as prenups. Although prenuptial agreements are not specifically recognised by Indian law, this article explores their possible legality in light of the Indian Contract Act of 18721 And recent court rulings. It discusses the necessity for financial stability, prenuptial agreements, and the evolving landscape of Indian marital law. The article attempts to explain the legal environment around pre-nuptial agreements, identify difficulties in their enforcement, and offer best practices for couples thinking about signing one by analysing significant instances and professional opinions. In the end, it aims to educate readers on the function of prenuptial agreements in contemporary Indian marriages, along with their financial and personal ramifications.
