Understanding the Pre-Nup

A pre-nuptial agreement, also known as a pre-marital agreement, is a legal contract between the prospective husband and wife that establishes how their assets and finances will be divided in case of a divorce.

Even though pre-nuptial agreements are uncommon in India it is a way that helps you protect your assets in case of a divorce in the future.

1. Pre-Nup Not Recognised

Mrunalini says, "A pre-nuptial agreement is neither legal nor valid in India. This is because Indian laws do not look at marriage as a contract. It is a religious bond between the husband and the wife."

When two people marry in India no one foresees a divorce. And this is why no one even considers a pre-nuptial agreement.

2. Pre-Nup Against Indian Beliefs?

Any agreement which is contrary or opposed to public policy is not an acceptable agreement. This simply means that a pre-nuptial agreement is still considered like a threat to the marriage or even the couple anticipating a break in their marriage.

Though divorce is quite common in India now, it is still not considered a possibility before the marriage and hence there is no thought of a pre-nuptial agreement.

3. A Pre-Nup in the Future

There is no talk of a pre-nuptial agreement at all as a way of a by-plan as far as the legislation is concerned.

There may be a few people talking about the pre-nuptial agreement, but India is far from including it in it's law and legislation plans.

4. Not All Bad

Mrunalini says, "Even though we still have a long way to go before pre-nuptial agreements are implemented, it is a way that one can protect one's assets in case of a divorce."

A pre-nuptial agreement helps resolve and simplify a lot of your financial and property issues. Since the division of assets are already done before the marriage, implementing what has been decided before the marriage makes life simpler.

It just comes down to dividing the assets as mutually decided by the couple and will save nasty arguments later.

5. NRI? Pre-Nup Valid Abroad

If you marry an NRI and get a pre-nuptial agreement done abroad (considering that the both of you will be living there after your wedding), then the agreement is valid in that particular country.

You could get a pre-nuptial agreement drafted abroad, marry in India according to Indian tradition but the agreement will be valid in that particular country.