Marriage in India has long been celebrated as a sacred bond, but in today’s world, where relationships and responsibilities are rapidly evolving, conversations around financial clarity and security are becoming just as essential. Enter the prenuptial agreement,a document often linked with Hollywood marriages, yet increasingly relevant for Indian couples seeking transparency before they tie the knot. But can such agreements actually work in India’s legal and cultural framework? And more importantly, should they become a norm rather than an exception? Let’s unravel the nuances with insights from Shreya Sharma, the founder of Rest The Case.
Prenuptial Agreement in India:Luxury of Clarity Before Commitment
In the tapestry of Indian marriages, where tradition often meets grandeur, the notion of a prenuptial agreement,or ‘prenup,'still sits in hushed corners of conversation. Yet globally, especially in the West, a prenup is not a symbol of mistrust but of foresight, offering couples the elegance of financial clarity before embarking on a shared journey.
Prenuptial Agreement Legal Position in India
Unlike countries where prenuptial agreements are legally binding, India does not yet recognise them as enforceable under statutory law. Indian courts view marriage as a sacrament rather than a contract, making prenups more of a moral document than a legally enforceable one.
That said, clauses within such agreements may still be taken into consideration by courts under the Indian Contract Act, 1872, provided they do not contradict public policy. In essence, a prenup may not guarantee legal immunity, but it can certainly provide persuasive value in matrimonial disputes.
Why India Should Embrace Prenups?
The modern Indian marriage is no longer confined to family alliances alone; it is increasingly built upon individual aspirations, financial independence, and global exposure. In this light, a prenuptial agreement ensures:
Transparency in Assets – both partners enter the marriage with a clear understanding of financial rights and responsibilities.
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