Document background
The Prenuptial Postnuptial Agreement is a crucial document for couples in India who wish to establish clear financial arrangements and property rights in their marriage. While such agreements are not legally binding in Indian courts, they serve as important evidence of parties' intentions and can be considered by courts during dispute resolution. This document is particularly relevant for high-net-worth individuals, business owners, or those with significant separate assets. It typically includes detailed provisions for asset division, maintenance arrangements, business interests, and inheritance rights, while acknowledging that certain protections under Indian law (such as maintenance rights and domestic violence protection) cannot be contracted away. The agreement must be carefully drafted to align with various Indian legal frameworks, including personal laws that may vary based on religion. It's essential to note that while common in many Western jurisdictions, these agreements in India operate more as memoranda of understanding rather than enforceable contracts.
