Should Prenups Be Legally Enforceable in India?

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April 28, 2026 at 12:29 pm

India still treats marriage as a social contract, not a financial one, so prenuptial agreements have no clear statutory backing. Courts may consider them as evidence, but they’re not binding like in jurisdictions such as the US or UK.

In an era of rising divorces, high-value disputes, and misuse of matrimonial laws, shouldn’t consenting adults have the right to define financial terms before marriage? Why should separation automatically trigger prolonged litigation over alimony, assets, and liabilities?

A legally enforceable prenup could reduce false claims, ensure transparency, and protect both parties. The real question is, are we ready to treat marriage as both an emotional and legal contract?

What’s your view?

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