By Elena Giannattasio, International Family Lawyer (New York & San Francisco), Multi-Jurisdictional Divorce, PLLC
India does not have a statutory framework that governs prenuptial or postnuptial agreements. These agreements are not traditionally a part of Indian marital culture, and they remain uncommon because they are widely viewed as inconsistent with customary expectations surrounding marriage. Despite this, increased media attention on high-profile international prenuptial agreements has prompted some affluent families in India to explore the concept more seriously.
There is currently no meaningful body of Indian case law that addresses the enforceability of prenuptial or postnuptial agreements. Importantly, the Supreme Court of India, which holds extremely broad discretionary powers and often intervenes to shape evolving family-law principles, has not taken any formal position on whether such agreements should be upheld.
For clients in India, this means that while a carefully drafted prenuptial agreement may help clarify intentions and expectations, there is no basis to expect that an Indian court will consider itself bound by its terms. Courts may simply disregard the agreement entirely when deciding financial or marital issues.
International families should also be aware that prenuptial or postnuptial agreements executed abroad are rarely enforced in India if either party later initiates divorce proceedings in an Indian court.
Foreign Law Disclaimer, Multi-Jurisdictional Divorce, PLLC
This overview concerns foreign law. Elena Giannattasio, Esq. is not admitted to practice in India and does not advise on Indian Law. All information is provided strictly for general educational purposes and is not legal advice.