2 weeks Ago By Yukta Baid
In India, weddings are often considered sacred—filled with symbolism, rituals, and hope for a lifelong bond. But as the socio-economic dynamics of marriage evolve, there’s a new entrant in the modern shaadi checklist: the prenuptial agreement.Though still met with raised eyebrows and discomfort, especially among older generations, prenups are slowly gaining traction—especially in urban India.
And no, signing one doesn’t mean you're predicting a divorce. It simply means you’re planning with clarity, not fear.What Is A Prenup, And Why Are We Talking About It? A prenuptial agreement (or prenup) is a written contract between two people before they marry, detailing how assets, liabilities, and even financial responsibilities will be handled in case of divorce or separation.
In countries like the US, UK, or France, prenups are enforceable by law and often recommended for couples with large disparities in wealth or those bringing prior assets into the marriage. But in India?"Prenuptial agreements are not legally binding in India," says Kanupriya Kejriwal, an advocate who specialises in family and divorce law.However, that doesn’t mean the document is worthless.
Kejriwal goes on to add that in a court of law, it'll have some kind of persuasive value, "You can go to court and say this was the intent of the parties at the time they got married. This is how they wanted their assets to be split up."Why Are Prenups In The Spotlight?We’re seeing a fundamental shift in Indian marriages—not just in how people meet, but in how they manage money.
According to a 2025 IndiaSpend report on urban family structures, 47% of married couples in Tier-1 cities now have dual incomes, up from 31% in 2013.The report also states that the average age of marriage in urban India is now 29.4 for women and 31.
8 for men, indicating longer periods of financial independence before marriage. Additionally, women’s financial participation has doubled in the last decade, with more women investing in mutual funds, property, and digital assets before marriage.That also means more complexity.
More shared assets. More potential for disputes.Why Do Couples Consider Prenups?In an ideal world, marriages last forever.
But reality is more nuanced.The National Judicial Data Grid shows that over 1.6 lakh divorce cases were pending in Indian family courts as of March 2025—a 17% rise over the last three years.
Urban divorce rates have climbed steadily, with Mumbai, Delhi, and Bengaluru leading the way.Kejriwal says that they actually always advise couples who go to them before getting married, that it's better to keep the finances separate.That may seem unromantic, but she disagrees, "When couples have thought through important money decisions, a lot of these fights can be avoided—how much they want to spend for children’s education, on a house, or discretionary spends.
"What Goes Into An Indian Prenup? While there’s no 'template,' most Indian prenups—especially among upper-middle class or financially independent couples cover pre-marital property ownership, treatment of inherited wealth or business assets, post-marriage income and liabilities, responsibility for EMIs, credit cards, or loans, alimony expectations, clauses for child planning and future asset creation."There is no ideal prenup," Kejriwal explains. "You list the assets you have today, decide the split if you part at five years, ten years, with or without children.
You have to tailor it. A good prenup should reflect that."Some even include lifestyle clauses—like who covers rent if one partner takes a sabbatical, or how bonuses and appraisals will be handled.
Kejriwal adds, "It’s more like a memorandum of understanding. Even if it's not enforceable, it helps courts and families understand what the couple had in mind."So.
.. What Happens In Court? It’s complicated.
Indian courts don’t have a uniform stance on prenups."I have seen some judges do give it some amount of weightage," Kejriwal says. "And some judges absolutely reject it, saying they’re not legally binding.
‘Why should I even look at the document?"Still, in messy divorces, prenups can reduce litigation time by laying a paper trail of mutual intent. They can also nudge couples to have the hard conversations—about debt, income disparity, and financial goals—before emotions cloud judgment.Not Just For Billionaires A major myth is that prenups are only for the ultra-wealthy.
But that’s changing.According to a 2025 YouGov-ET Wealth survey, 58% of Gen Z Indians said they would want to discuss financial boundaries before marriage, and 41% of millennial women reported concern about financial equality in relationships."Especially if there is financial disparity between the couple," says Kejriwal, "a prenup helps avoid assumptions and awkwardness down the line.
"In dual-career couples, it’s increasingly common for one partner to invest aggressively while the other spends on shared goals. Without clear documentation, this can lead to resentment during separation."My money, your money, joint money— that's a very good way to think," Kejriwal advises.
So maybe it’s time we stop asking, "Don’t you trust them?" And start asking, "Don’t you trust each other enough to be honest?". Read more on Personal Finance by NDTV Profit..
