Community › Forums › Legal Advice India › Want to know if Pre-Nup Agreements exist in India?
- This topic has 9 replies, 6 voices, and was last updated 1 year, 2 months ago by
Urbandivyansh3221.
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EEpicthinker9674
PARTICIPANT
April 21, 2025 at 5:59 amSo after hearing loads of incidents about the recent marriages, is there a pre-nup system in India? If not is there any legal alternative? -
UUrbandivyansh3221
PARTICIPANT
April 21, 2025 at 6:10 amNo prenups aren’t valid.Loads of incidents about recent marriages as in?
Could you give some context?
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EEpicthinker9674
OP
April 21, 2025 at 6:13 amAs 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.-
EEpicstar8957
PARTICIPANT
April 21, 2025 at 6:26 amUnfortunately, 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.
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UUrbandivyansh3221
PARTICIPANT
April 21, 2025 at 10:04 amSee 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)
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EEpicthinker9674
OP
April 21, 2025 at 12:13 pmThanks 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?-
UUrbandivyansh3221
PARTICIPANT
April 22, 2025 at 7:11 amNo 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.
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LLuckybear8410
PARTICIPANT
April 21, 2025 at 6:20 amNope. -
DDesibear1296
PARTICIPANT
April 21, 2025 at 6:53 amPre-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. -
EEpicmadhuri6885
PARTICIPANT
April 22, 2025 at 2:44 amyoutube amish agarwal, look for quasi prenup
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