Should prenups become legal in India?

In India, marriage has long been sold as a lifelong promise. They begin with promises of forever and the hope of a happily ever after. Today, that outlook on marriage is evolving, and so are the surrounding conversations.

Recently, actor Celine Jaitly urged women to secure their assets before marriage and sign a prenuptial agreement amid her ongoing divorce proceedings. Speaking with India Today, she said, "I would recommend girls, please do a prenup if you have assets of your own. Please do a prenup before marrying. Keep your assets separate always. Because, you know, it all boils down to assets. All the love, all the care, all the promises of togetherness, the children, the deaths, the births, everything boiled down to an asset at the end of the day. And that is what my biggest heartache is."

And it's not merely personal advice.

At a time when dowry-related deaths continue to make headlines, messy divorces play out in courts and on social media, and financial disputes increasingly define marital breakdowns, her comments have raised a larger question: Is it time India legally recognised prenuptial agreements?

Well, it's not that simple.

What's a prenuptial agreement? Commonly called a prenup, it is essentially a financial agreement that couples sign before marriage. It lays down how their individual assets, property and other financial matters would be handled if the marriage were to end. While prenups are legally recognised in many countries like the US, they are not legally binding in India, with Goa being the only exception under its Portuguese Civil Code. But that's a different story.

Now, in a country like India, where the institution of marriage is sacrosanct and rife with emotional, spiritual and often religious values, the concept of a prenup feels unromantic. As per societal norms, it is almost seen as a materialistic, morally corrupted, idea as it seeks to bring financial clarity while anticipating the breakdown of a marriage.

Therefore, "The legal status of prenups in India is that prenuptial agreements are not legally enforceable, which means they're not legally tenable. During a divorce, whatever the arguments may be, a prenuptial agreement is not a legally valid document," says Vandana Shah, a celebrated family and divorce lawyer.

'We are not a pro-prenup country'

"I think we are not, socio-legally speaking, by and large, a pro-prenup country because we still believe in marriage as the ultimate destination. We still believe that marriages are for seven lifetimes. We still follow whatever faith we profess. We have a lot of spirituality in marriage," Shah explains.

She says that even though divorce rates are rising, the ratio of divorces to marriages is still far lower because India remains a very "pro-marriage" nation.

That, however, hasn't stopped couples from asking for one.

According to a Cosmopolitan India Instagram survey, about 44 per cent of people said they would be open to having a conversation about prenups with their partner, while 94 per cent agreed that money conversations should become a part of pre-marriage discussions.

Shah shares that while the concept is still very Western and relatively new to India, more of her clients are approaching her with prenup-related matters.

So why are people signing prenups anyway?

According to Shah, there are broadly two kinds of couples approaching her.

The first? Couples who see it as a gesture of reassurance rather than distrust. Some people voluntarily sign prenups to give their partner "moral and mental peace", making it clear that they are entering the marriage for love and not for financial gain.

The second group is more practical. These are entrepreneurs, business families, NRIs or couples with assets spread across different countries, where prenups may already be legally recognised. If the marriage is registered in a country where prenups are enforceable, the agreement can be drafted keeping cross-border legal issues in mind.

Now, the popular image of prenups is one of billionaires, celebrities and sprawling estates. But that middle-class couples could benefit just as much.

So, it's not just for the rich

"I think prenups are extremely essential for the middle class because they save heartache, heartburn and money burn." Exactly what Jaitly highlighted.

With family disputes often taking years to resolve in Indian courts, she believes greater financial clarity could reduce prolonged litigation.

"Just as you have an agreement to sell a property after one or two years, and it has to be implemented, similarly, if prenups became legally enforceable, then if your marriage doesn't work, your life would become very, very different. You wouldn't have to spend years in court," explains Shah.

A prenup isn't only about villas or company shares. It can also record jewellery, stridhan, savings and other assets that each partner brings into the marriage. And this could also help in cases of dowry-related deaths.

While Shah clarifies that every case is different, she says that if a prenup becomes a legally recognised document, it also becomes a legal record of a person's financial standing. Everything is documented, creating financial certainty. That certainty could also empower women who often feel they cannot walk away from a bad marriage because of financial insecurity.

Yet, talking about a prenup before the wedding still feels awkward.

Ofcourse, the irony is hard to miss.

Indians today are marrying later. Women are more financially independent than ever. Startups have created new-age wealth. Conversations around financial planning have become commonplace.

Today, we're comfortable discussing everything else. People ask, "When are you having children?" "Where are you going for your honeymoon?" "Are you buying the couple a house?" Even direct or indirect dowry conversations happen. But nobody asks, "What happens if the marriage doesn't work?"

That day hasn't yet come in India, says Shah.

Can prenups be legalised in India?

Shah says it's a long, really long, way to go.

But should they be legalised? That's a resounding yes from her.

"I feel it will reduce litigation. It will reduce a lot of the time, heartburn and money spent in court. It will benefit both the man and the woman in case a marriage doesn't work out."

Would you be willing to have the prenup talk with your would-be?