Pre nuptial agreement is not binding in India 

among Hindus marriage is  sacrament and not a contract hence it is not valid 

In India, the law on validity and enforceability of Prenuptial agreements are not settled yet and generally this agreement is not legally binding even if marriage is solemnised under SMA. However it have persuasive value in court when it comes to division and distribution of assets. Clauses which are null and void are Clauses that contravene public policy or the law of the land, clauses which waive certain rights and duties explicitly provided by law, etc..  For more precise and concrete response, kindly book phone consultation.

Thanks!

Rajveer Singh

Advocate

The Indian law does not have any specific legal provision for governing pre – nuptial agreements and neither are they recognized under any statute or legislation. In India, the dissolution of marriage takes place according to various personal laws according to which the marriage has been performed.

Prenuptial agreements are not valid in India,because they do not consider marriage as a contract.

Contract marriages are not valid in India. Once you are married and want to get separated after six months, both of you will have to approach a family court for divorce. Unless the court issues a decree for divorce, both of you will legally remain husband and wife

prenuptial agreement is void in India.

It is not clear what is meant by 'prenuptial agreement', and whether it is oral or written. No marriage law deals with such agreements. They have no relevance to registration of marriage either under the HM Act or the Special Marriages Act. In case of breach of any such agreement, either party may sue the other for specific performance separately.

Hello, 

1. Mere registration of marriage under Special Marriage Act does not make a prenuptial agreement legally binding in India, especially because marriage is not being regarded as a contract generally. However, the prenuptial agreement can be made binding of properly drafted without transcending the boundaries of the marriage itself. 
2. It is not all about documents being being submitted at the time of registration of marriage. There are a set of documents that are required to be provided for registration of marriage and they include documents proving identity of the couple, age proof and photographs. In case the applicant is a divorcee, the Decree of divorce has to be produced.
3. Any clause that takes away the rights conferred on the spouses by virtue of the marriage will be treated null and void. The major aspects of prenuptial agreement would be around setting boundaries and terms of divorce in case that becomes an eventuality. You need have a need based discussion with your lawyer. 

Dear Sir /Madam 

Prenups are prevalent in countries like the US and Australia and slowly gaining ground among Indian couples. However, it is not legal in India.

Dear Client,

To ensure the felony binding of a prenuptial agreement under the Special Marriage Act in India, each event has to publish complete documentation through the registration system. This includes valid identity proofs, start certificates, passport-sized pix, and a testimony affirming the marital repute of each event. The prenuptial agreement itself must be in writing, signed at each event, and preferably notarized. Additionally, it needs to be performed before the wedding takes place and ought to be honest and equitable, voluntarily entered into by using both events without any duress or coercion. Legal consultation and the presence of impartial prison counsel for both parties are fantastically advocated to ensure the agreement's validity.

Despite those precautions, certain clauses in prenuptial agreements can be considered null and void by Indian courts. Any clauses that are in opposition to public coverage, together with people who inspire divorce, waive the right to child aid, or include provisions that might be deemed unfair or unconscionable, will no longer be enforceable. Additionally, any conditions that try to predetermine child custody or parenting time, as these subjects are exclusively beneath the jurisdiction of the courts and are determined based totally on the best interests of the kid, can also be invalid. Ensuring the agreement complies with Indian laws and does not contain these sorts of clauses is crucial for its enforceability.

Any clause which goes against existin Statute in India will be null and void

- As per law, prenuptial agreement is neither legal nor valid in India , because Indian laws do not look at marriage as a contract , but as a religious bond between the husband and the wife.

- Further, any agreement which is contrary or opposed to public policy is not an acceptable agreement.

- Hence legally you cannot predict and enter into an agreement on such clauses before the marriage. 

- Further, any agreement submitted at the time of registration of marriage even under special marriage act cannot be considered valid , except a marriage.