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Is Prenuptial Agreements Legal in India
- January 25, 2023
- Posted by: brian
Prenuptial agreements, also known as prenups, have become increasingly popular globally as a way for individuals to protect their assets and financial interests in the event of a divorce. However, in India, the question remains: are prenuptial agreements legal?
The short answer is yes, prenuptial agreements are legal in India. However, it is important to note that they are not governed by a specific law, but rather by the Indian Contract Act of 1872. This means that a prenup is essentially a contract between two parties, and all the standard requirements for a contract under Indian law must be met in order for it to be considered valid.
To be legally binding, a prenup must be in writing, signed by both parties, and witnessed by two people. Both parties must also enter into the agreement willingly and without being under duress or coercion. Additionally, the agreement must not violate any existing laws or public policy.
It is also important to note that while prenuptial agreements can cover a wide range of issues, such as the division of property and assets, spousal support, and financial responsibilities, they cannot include any provisions related to child custody or child support. These issues are determined by the court at the time of divorce based on the best interests of the child.
While prenups are legal in India, they are not yet widely accepted or commonly used. Many Indian couples still adhere to traditional cultural values that prioritize the family unit and view prenups as a lack of trust or commitment.
In recent years, however, there has been a growing trend of Indian couples seeking to protect themselves financially through prenuptial agreements. This is particularly true for individuals with significant assets or high earning potential.
In conclusion, prenuptial agreements are legal in India, but they must meet the requirements for a valid contract under Indian law. While they are not yet widely accepted or commonly used in Indian society, they can be a useful tool for individuals looking to protect their financial interests in the event of a divorce.