Prenupital Agreement/Premarital Agreement/Antinupital Agreement is a contract between the parties to the marriage (would-be spouses) entering into an agreement in writing at the time of Engagement but before theIr Marriage and it defines about the rights of the parties after marriage, for instance if divorce takes place between the parties then it speaks about the division of properties between the spouses, spousal support etc.,. It even speaks about the guardianship rights on the children.
Prenupital Agreements are most prevalent in Canada, France, Germany, Italy, Belgium, Netherlands etc.,
Prenupital Agreements have no sanctity in India as there is no governing law as such for executing this prenupital Agreements. However, people are much aware about the present circumstances with marital obligations and issues of divorce being occurring frequently some people are opting it out and entering into such kind of agreements and any condition in the prenupital agreement should not override the Hindu Marriage Act or other religious marital acts which are prevalent and in force in India.
However, Indian Contract Act can recognise any agreements entered between the parties with free consent of the parties under Sec.10 but it should not be opposed against the public policy as per sec.23 of the Indian Contract Act.
Prenuptial agreement is a arrangement between the spouses for determining their financial and other rights if the marriage or union breaks down. Its valid under special marriage Act and governed by Indian contract Act