Are Prenups Enforceable in India?

Goa follows the Portuguese Civil Code, making it the only Indian state where prenuptial-style marital property agreements carry direct statutory recognition.

Outside Goa, courts often lean on Section 23 of the Indian Contract Act to test whether a prenup's terms are lawful and not opposed to public policy.

The Indian Contract Act, enacted in 1872, remains the primary legal framework courts reference when weighing the validity of prenuptial agreements.

Family lawyers in cities like Mumbai, Delhi, and Bengaluru report a growing number of couples, especially those with significant assets or NRI ties, asking about prenups.