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VALIDITY OF PRE-NUPTIAL AGREEMENT IN INDIA

The Concept of Pre-nuptial agreements have started gaining a lot of attention and recently, we have seen that irrespective of its question on validity in India, couples intending to get married during this corona times are eyeing to sign one before the marriage takes place settling all issues between them before getting married itself.

The reasons for making such agreements are quite positive inasmuch as now, everyone is seeking to secure themselves. At the time of initial meetings while fixing the alliance, it has become prevalent for discussing the financial status of the parties. Little do they apprehend the false cases in which the parties may embroil each other in the event that both have not been able to adjust with each other.

Though the Courts have not given any legal sanctity to such agreements, neither has the Hindu Personal Laws but they are found in different formats in Muslims, Christian, etc. However for these agreements to be valid and enforceable, it does need to fulfill the main requirements of being a valid contract under the Indian Contract Act.

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