• Need a Pre Nup Agreement and its validity in India

I am getting married on the 20th of November 2019. This is my second marriage and I have a child from my first marriage. I wanted a Pre Nup agreement, which will prevent my second wife to stake claim on anything that I would give my child, or even stake claim on the child in case we were to seperate or divorce.
Asked 6 years ago in Family Law
Religion: Hindu

3 answers received in 10 minutes.

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13 Answers

See firstly prenup is not valid in India, secondly without agreement also your second wife has no right on property you give to your child or has no right on child .

 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You may get in touch if you want the same to get drafted. 

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Pre nup agreement has only validity under special marriage Act. In other customary laws or has no application. It can be made applicable through consent under Indian contract Act

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

pre nuptial agreement would not be valid 

 

2) you cannot restrain your wife from claiming custody of child in event of divorce 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

If you want pre nup agreement I can provide you all details. Just forward your all details including property moveable and immovable...and terms and conditions as per your wish that too should be accepted by your second wife.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

A pre nup agreement is not valid and the courts do not entertain the same. It is a western basically  US contract law development to escape liability.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

No such agreement valid. On husband intestate demise, wife and child inherits his properties.

By way of WILL, you can give your properties to your child, wife has no say.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Dear Sir,

In India, prenuptial agreements are neither legal, nor valid under the marriage laws because they do not consider marriage as a contract. ... For a prenuptial agreement to be successful, both parties have to be willing to participate in it and have to be completely honest about their individual assets and liabilities

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

1. There is no legal recognition of pre-nupital agreement in India.

2. Moreover the first wife is remains without marriage and employment will be entilted to maintenance from her divorced husband during her lifetime and this right can not be waived by ere agreement.

3. However you are free to deal with your self acquired property with anyone and no one can stop you from doing this.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

If you want to have a prenup agreement prepared then you may contact an advocate in the local or any advocate of this forum who will be able to guide and get the agreement prepared to your satisfaction.

Actually in Hindu marriage ther is no provision for prenup agreement, it can be entered into provided the marriage is registered under special marriage act, 1954, by attaching a copy of this agreement along with the application for registration of marriage under the provisions of special marriage act, 1954.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

-  A prenuptial agreement is a contract entered by the parties before getting married. It is a signed, registered and notarised document that usually outlines the distribution of assets, liabilities and issues relating to custody of children if the marriage falls apart in the future

- Further, in India , this agreement is neither legal,nor valid under the marriage laws or under special marriage act.

- However, this agreement is governed by the Indian Contract Act and have as much sanctity as any other contract, oral or written.

- As, per law , a wife cannot claim any share in the property of her husband during his life time , and further he is free to transfer the same through gift deed as well. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

The Indian legal system does not yet recognise prenups as legal agreements. At present in India, there is no categorical law governing prenups. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

In India, prenuptial agreements are neither legal, nor valid under the marriage laws because they do not consider marriage as a contract.

For a prenuptial agreement to be successful, both parties have to be willing to participate in it and have to be completely honest about their individual assets and liabilities.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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