Pre-Nuptial Agreements & Succession Planning

A prenuptial agreement, also known as a premarital agreement or prenup, is a legal document entered into by two individuals before they get married. This agreement outlines how assets and property would be divided in the event of a divorce or separation. While prenuptial agreements are more common in countries like the United States, they are still relatively rare in India.

In India, prenuptial agreements are not legally binding, but they can be used as a reference in case of a dispute. According to Section 23 of the Indian Contract Act, any agreement that restricts the fundamental rights of an individual is void. This means that prenuptial agreements that limit the rights of either spouse are not enforceable in Indian courts. However, if the prenuptial agreement is fair and reasonable, it can still be used as evidence in a court of law.

To be considered valid in India, a prenuptial agreement must be entered into voluntarily and with full disclosure of assets and liabilities. This means that both parties must enter into the agreement willingly and without any coercion or undue influence. Additionally, both parties must fully disclose all of their assets and liabilities, including any property, debts, or other financial obligations.

While prenuptial agreements are not common in India, they can be a useful tool for couples who want to protect their assets and property in the event of a divorce. Prenuptial agreements can also be used to outline spousal support and other financial arrangements.

One of the main benefits of a prenuptial agreement is that it can help couples avoid lengthy and costly court battles in case of a divorce. By agreeing on the terms of asset division and spousal support ahead of time, couples can save themselves time, money, and emotional turmoil.

However, it is important to note that prenuptial agreements are not a substitute for a healthy and trusting relationship. While prenuptial agreements can help protect assets and property, they cannot protect against emotional harm or the breakdown of a marriage.

Prenuptial Agreements: A Part of Succession Planning

A prenuptial agreement can be considered a form of succession planning in some cases. Succession planning is the process of planning for the transfer of assets and wealth from one generation to the next or from one owner to another. Similarly, a prenuptial agreement outlines how assets and property would be divided in case of a divorce or separation. 

A prenuptial agreement makes the division of assets and property a less complicated process, especially if there are significant assets involved. A prenuptial agreement can help to simplify this process by outlining the terms of asset division ahead of time.

A prenuptial agreement can also be useful in cases where one or both spouses have children from a previous marriage. In such cases, the prenuptial agreement can ensure that the children are protected in case of a divorce or separation.

However, it is important to note that a prenuptial agreement is not a substitute for proper estate planning. While a prenuptial agreement can help to protect assets and property in case of a divorce or separation, it does not address issues related to inheritance or estate planning.

Indian courts also validate prenuptial agreements as any other agreement only to the extent that it is fair and reasonable and not contrary to any laws and morals. In conclusion, while a prenuptial agreement can be considered a part of succession planning in some cases, it is important to consult with an estate planning professional to ensure that all aspects of estate planning are properly addressed.

AasaanWill is an online platform that helps you create your succession plan in the easiest way i.e. by writing a Will. We also provide legal consultation for all your succession-related queries. Have you thought about your succession plan yet?