international family law
India does not currently have any laws governing prenuptial or postnuptial agreements. These types of contracts are uncommon and generally conflict with traditional Indian customs and societal views on marriage. However, increased global attention on celebrity prenuptial agreements is gradually influencing some affluent individuals in India to explore the concept.
There is little to no significant case law in India regarding prenuptial or postnuptial agreements. Importantly, the Supreme Court of India, which holds broad authority to ensure justice between parties and has been active in divorce-related issues, has not taken a definitive stance on the enforceability of such agreements.
While prenuptial agreements can serve as a useful tool for couples to outline their financial arrangements, there is no guarantee — and little expectation — that an Indian court would enforce these terms. This uncertainty makes such agreements legally unreliable within the Indian legal system.
International clients should be aware that even prenuptial or postnuptial agreements made while living abroad may not be recognized by Indian courts. If either party files for divorce in India, the agreement is unlikely to be enforced.