Are Prenuptial Agreements Legal in India? The Truth You Should Know Before Marriage That Most Lawyers Won’t Tell You (2026)
A prenuptial agreement (prenup) allows couples to record financial and property arrangements before marriage, but its enforceability in India is different from jurisdictions where prenups are routinely binding. Indian matrimonial laws generally do not expressly recognise prenups as automatically enforceable contracts determining divorce outcomes. However, a voluntarily executed agreement may still serve as evidence of the parties’ intentions regarding assets, liabilities, expenses, and financial expectations. Courts ultimately decide issues such as maintenance, alimony, child custody, and other matrimonial rights according to applicable law and the facts of the case.