Want to know if Pre-Nup Agreements exist in India?

Community Forums Legal Advice India Want to know if Pre-Nup Agreements exist in India?

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    • #11041 Reply
      Epicthinker9674
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        Epicthinker9674
        PARTICIPANT
        April 21, 2025 at 5:59 am
        So after hearing loads of incidents about the recent marriages, is there a pre-nup system in India? If not is there any legal alternative?

      • #11045 Reply
        Urbandivyansh3221
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          Urbandivyansh3221
          PARTICIPANT
          April 21, 2025 at 6:10 am
          No prenups aren’t valid.

          Loads of incidents about recent marriages as in?

          Could you give some context?

          • #11046 Reply
            Epicthinker9674
            Participant
              E
              Epicthinker9674
              OP
              April 21, 2025 at 6:13 am
              As in after 10 days or months, leaving the marriage and then filing suit for alimony and stuff. Either ways, I just wanna be secure moving forward.

              • #11048 Reply
                Epicstar8957
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                  Epicstar8957
                  PARTICIPANT
                  April 21, 2025 at 6:26 am
                  Unfortunately, no. It also isn’t exclusive to Indian laws.

                  >Either ways, I just wanna be secure moving forward.

                  Understandable. But it appears, like many, you have a deeper problem of lack of trust.

                • #11047 Reply
                  Urbandivyansh3221
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                    Urbandivyansh3221
                    PARTICIPANT
                    April 21, 2025 at 10:04 am
                    See alimony is based on many factors. This also includes the period for which the husband and wife were married for.

                    No one can claim alimony for a 10 day marriage however they can claim a reimbursement of marriage expenses if the bride’s side solely had to bear them (this is also mistaken as alimony by a few people, when it is a mere reimbursement)

                    If there has been abuse or dowry involved, bride’s side can claim compensation.

                    Coming to a longer term marriage period, all assets brought during the course of marriage are considered marital property and will be divided between husband and wife.

                    Alimony will be claimed at a certain percentage of your or your wife’s income based on who earns more and the kind of lifestyle lead and who is the aggrieved party.

                    Your Pre marital assets will not be considered unless it’s established that you are not able to pay alimony (in case you have to pay) so they are pretty much safe.

                    There is no loophole to these laws if you are wondering to circumvent them by creating “trusts”, “companies” or planning on transferring wealth to parents and siblings. The court can see through all this. Besides the source of income is considered, not the beneficiary.

                    Best safeguard is to choose a partner wisely, preferably a working women, establish healthy boundaries with in laws ( which is the most common cause of divorce), establish financial transparency early on in marriage and try to solve disputes amicably. Do not take or receive dowry in any form.

                    Also do not look at these so called recent cases most of them are hyped, exaggerated and lack a lot of background.

                    Divorces in India are still very rare and chances of having a happy married life are higher than a broken one.

                    (Lawyer)

                    • #11049 Reply
                      Epicthinker9674
                      Participant
                        E
                        Epicthinker9674
                        OP
                        April 21, 2025 at 12:13 pm
                        Thanks for the insights! I do have a follow up question, for example if there is a destination wedding and expenses are being borne by both sides, can the bride’s side file a dowry complaint?

                        • #11050 Reply
                          Urbandivyansh3221
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                            Urbandivyansh3221
                            PARTICIPANT
                            April 22, 2025 at 7:11 am
                            No not unless certain demands were explicitly made from the groom’s side.

                            Also it’s good to maintain bills, receipts and other proof of expenses made in these cases.

                  • #11044 Reply
                    Luckybear8410
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                      Luckybear8410
                      PARTICIPANT
                      April 21, 2025 at 6:20 am
                      Nope.

                    • #11043 Reply
                      Desibear1296
                      Participant
                        D
                        Desibear1296
                        PARTICIPANT
                        April 21, 2025 at 6:53 am
                        Pre-nup isn’t valid in India so far. Neither is any other agreement. You just need to know the loopholes and you can get out of anything.

                      • #11042 Reply
                        Epicmadhuri6885
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                          Epicmadhuri6885
                          PARTICIPANT
                          April 22, 2025 at 2:44 am
                          youtube amish agarwal, look for quasi prenup

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