
Prenuptial Agreement
What is a Prenuptial Agreement?
A Prenuptial Agreement (Prenup) is a legal contract signed by two individuals before marriage. It outlines how assets, finances, debts, and responsibilities will be managed during marriage and in the event of a separation or divorce. It essentially acts as a financial understanding between the partners to ensure clarity and avoid disputes in the future.
Who Should Consider a Prenup Before Marriage?
A prenuptial agreement can be valuable for many people in different situations. It is especially helpful for:
- Individuals who have significant personal or family wealth and want to protect it.
- Couples in which one partner has higher debts or financial obligations.
- Business owners or professionals who wish to safeguard their business interests.
- Individuals who have children from prior relationship and want to secure their rights.
- Couples who want financial clarity, transparency, and fairness before entering into marriage.
Why Choose DigiLawyer to Draft Your Prenuptial Agreement?
Planning to safeguard your assets and ensure clear terms before marriage? DigiLawyer makes it simple - get expert legal help to draft a solid prenuptial agreement quickly and conveniently, all from the comfort of your home.






How DigiLawyer Can Help?
We assist couples in making informed and legally sound choices by offering the following services:
Legal Consultation & Advice- We help you understand the pros and cons of entering into a prenuptial agreement, tailored to your personal situation.
Drafting and Reviewing Prenuptial Contracts- Our team prepares, and reviews agreements customized to your specific needs and expectations.
Fairness Check- We ensure that the agreement is fair, balanced, and acceptable to both partners, reducing the risk of future disputes.
Guidance on Documentation- We provide step-by-step support to complete the formal documentation required for proper execution.
Future Support- We offer legal advice on modifying or enforcing prenuptial agreements if circumstances change after marriage.
Why do You Need a Prenuptial Agreement?
- A prenuptial agreement is useful because it gives both partners clarity and peace of mind before entering into marriage.
- It helps protect the personal assets that each person has built before the marriage, making sure they remain secure.
- By setting clear financial terms from the start, it reduces the chances of confusion or disagreements later.
- If a separation ever happens, a prenup can save both partners from long, stressful court cases by clearly stating how property, finances, and responsibilities will be divided.
- It also works as an added layer of protection for people who have children from previous marriages, safeguarding their rights and inheritance.
Above all, a prenuptial agreement brings fairness and balance in handling assets, debts, and obligations, allowing couples to focus on their relationship with a sense of confidence and security.
What Can and Cannot Be Included in a Prenup
Inclusion
Don't Include
Things That Can Be Included
- Division of Property and Assets- Couples can specify how their individual and jointly owned assets will be divided in case of separation or divorce.
- Allocation of Debts and Liabilities- A prenup can protect one partner from being burdened with the other’s personal loans or financial obligations.
- Maintenance/Alimony Arrangements- The agreement can outline how much support one spouse may provide to the other after separation, ensuring clarity and fairness.
- Protection of Family Businesses or Inheritances- If one or both partners have family-owned businesses, inherited wealth, or ancestral property, a prenup can safeguard these from being divided.
- Rights Over Jointly Acquired Property- The contract can set clear rules about how property acquired together during marriage will be handled.
Things That Cannot Be Included
- Custody Arrangements for Children- Decisions about child custody, visitation, and welfare are always made by the court, keeping the child’s best interests in mind.
- Clauses Against Public Policy or Morality- Any provision that goes against Indian law, morality, or public policy is invalid. For example, terms that encourage separation or restrict basic rights cannot be enforced.
- Waiving Basic Marital Rights or Obligations- Spouses cannot use a prenup to completely deny fundamental rights like maintenance, residence, or dignity in marriage.
Benefits of Signing a Prenuptial Agreement
A prenuptial agreement is about creating clarity, security, and peace of mind for both partners. Some of the major benefits include:
- Smoother Legal Separation- A prenup simplifies the process of maintenance, alimony, and separation, saving both time and unnecessary legal costs.
- Protection from Debts- It ensures that one partner is not burdened with the other’s personal debts, keeping individual financial liabilities separate.
- Financial Security in Case of Death- In the unfortunate event of a partner’s passing, the agreement helps secure financial stability for the surviving spouse.
- Child’s Future Safeguarded- If the couple decides to part ways, the prenup ensures proper financial protection and custody arrangements for the children.
- Pre-Decided Financial Matters- With monetary terms already agreed upon, both partners can enter marriage with clarity and confidence about their financial future.
- Custody and Remarriage Rights- It can clearly outline custodial rights and protect remarriage interests, reducing chances of disputes later.
- Business Protection- If one or both partners own a business, the agreement ensures that it remains unaffected and is not divided during separation.
- Clear Maintenance & Support Terms- Spousal support, alimony, and maintenance are pre-agreed, preventing lengthy court battles.
- Avoids Courtroom Hassles- By defining terms in advance, the prenup minimizes messy disputes and speeds up proceedings in case of divorce.
- Encourages Healthy Understanding- With financial clarity in place, it reduces conflicts, builds trust, and allows couples to focus on their relationship instead of money matters.
Are Prenuptial Agreements Valid in India?
Prenuptial agreements are not legally binding under Indian laws, but courts often see them as persuasive evidence in divorce or separation cases. A prenup holds more value if it is fair, balanced, and signed with free consent. Since it is treated as a private contract, it is governed by the Indian Contract Act, 1872.
Under Muslim and Christian personal laws, marriage is already considered a contract, which gives spouses automatic rights like joint ownership of marital property, shared responsibility for debts, and control over assets. While a prenup cannot override these rights, it helps bring clarity, fairness, and proof of intent, reducing disputes later.
FAQs Related to Prenuptial Agreement
Prenuptial agreements are not explicitly recognized under Indian law but can be enforceable as contracts if drafted properly and not against public policy.
While not mandatory but having separate lawyers ensures both parties interests are fairly represented.
The cost varies based on complexity, custom clauses, and lawyer fees, typically starting from a few thousand to several thousands of rupees.
On average, it takes 2-5 working days, depending on the terms and details provided by both parties.
Yes, it must be executed on appropriate stamp paper as per the Stamp Act of the relevant state to make it legally valid.
You will need basic ID proof, financial details, list of assets and liabilities, and any specific conditions both parties want to include.
Yes, we provide expert consultations to explain the process and draft an agreement that meets your requirements.
Yes, digital signing and Aadhar e-sign options are available as per the Information Technology Act.
Registration is not mandatory but recommended for added authenticity and evidentiary value under the Registration Act.
Yes, every prenuptial agreement can be tailored to include mutually agreed terms and conditions.
Yes, it can be drafted in any language understood by both parties, though English is most used.
While templates are available, using them without customization is risky. Legal drafting ensures enforceability.
A standard format includes details of parties, assets, liabilities, financial arrangements, maintenance clauses, and dispute resolution methods.


