Marriage, money and modern expectations: Is India ready for the prenup talk?
If India were to recognise prenups, it should do so through a framework suited to its own legal system rather than by importing foreign models. Any legislation would need to mandate complete financial disclosure, independent legal advice, adequate time for consideration and pre-marital counselling. Equally important, it must preserve non-negotiable statutory protections. A spouse’s legal entitlement to maintenance, where applicable, and a child’s right to financial support should never be capable of being waived by contract. Instead, a prenup should serve as persuasive evidence of the parties’ financial intentions, while leaving courts free to disregard terms that are unfair, unconscionable or contrary to public policy.
