Prenuptial Agreement Template and How to Draft One (2026)

What is a prenuptial agreement, and is it valid in India? A prenuptial agreement (a "prenup") is a contract made by two people before they marry, setting out how their assets, debts and finances will be treated during the marriage and if it ends. It typically covers what property each person brings in, how assets acquired during the marriage are treated, and how finances would be divided on separation. In India, the honest answer about enforceability is: it is unsettled, and mostly weak outside Goa. There is no statute that recognises prenuptial agreements across India. Hindu law treats marriage as a sacrament rather than a contract, and courts have struck down agreements seen as contrary to personal law or public policy, especially those that appear to encourage separation. A prenup may still carry weight as evidence of each side's intentions, and some courts have treated asset arrangements as family settlements, but you should not assume a prenup will be enforced like an ordinary contract. Goa is the clear exception. The Portuguese Civil Code, which continues in force in Goa, expressly allows spouses to agree on their property regime before marriage, so prenuptial arrangements there have a statutory basis. Muslim law treats marriage as a contract, and terms such as mehr have long been recognised. Because so much turns on personal law and location, treat this as an area where you must take advice. This article is general guidance, not legal advice. Last verified October 2026. ## Prenuptial agreement template Copy the block and fill the bracketed fields. This is a general civil template; have a family-law advocate adapt it to your personal law and state. ```

PRENUPTIAL AGREEMENT This Prenuptial Agreement ("Agreement") is made on [DATE] BETWEEN: [PARTY A NAME], [age], [address] ("Party A") AND [PARTY B NAME], [age], [address] ("Party B") who intend to marry on or about [INTENDED DATE OF MARRIAGE]. 1. INTENTION The parties intend to marry and wish to record, freely and without coercion, how their property and finances will be treated. Each has had the chance to take independent legal advice. 2. FULL DISCLOSURE Each party has fully and honestly disclosed their assets, income and liabilities in Schedule A (Party A) and Schedule B (Party B). 3. SEPARATE PROPERTY Property each party owned before the marriage, listed in their Schedule, remains that party's separate property, along with anything later received by that party as gift or inheritance. 4. JOINT / MARITAL PROPERTY Property the parties acquire jointly during the marriage, or agree in writing to treat as joint, will be [held and divided as follows: ...]. 5. FINANCES DURING MARRIAGE The parties will manage household expenses as follows: [...]. Bank accounts held as [joint / separate]. 6. TREATMENT ON SEPARATION If the marriage ends, the parties intend that: separate property stays with its owner, and joint property is divided [equally / as set out in Schedule C]. This clause records intention and does not oust any right a court or personal law gives either party. 7. MAINTENANCE / SUPPORT [Record any agreed position on spousal support, noting that statutory and personal-law rights to maintenance cannot be contracted away.] 8. CHILDREN Nothing in this Agreement affects the welfare of, or any right or duty towards, any children; those remain governed by law. 9. CHANGES This Agreement may be changed only in writing, signed by both parties. 10. GOVERNING LAW This Agreement is governed by the laws applicable to the parties and their place of marriage, including applicable personal law. 11. SEVERABILITY If any clause is unenforceable, the rest continues to apply. Signed by Party A: __________ Signed by Party B: __________ Witness 1: __________ Witness 2: __________ Date / place Date / place

- **Separate property (clause 3).** Clearly identify what each person brings in, plus future gifts and inheritance. Attach proof where you can.
- **Joint property (clauses 4 and 6).** Decide how property bought together during the marriage is treated and divided. Be specific; vague language causes disputes.
- **Maintenance (clause 7).** Record intentions, but understand that statutory and personal-law maintenance rights generally cannot be signed away. Do not promise what the law will not allow.
- **Children (clause 8).** A prenup cannot bargain away a child's welfare or rights. Keep this clause protective, not restrictive.
- **Independent advice (clause 1).** Each party taking their own legal advice makes the agreement far harder to challenge as unfair or coerced. ## Common mistakes to avoid - **Hiding assets.** Incomplete disclosure is the fastest route to an agreement being set aside.
- **Signing under pressure or at the last minute.** An agreement signed days before the wedding, with no advice, looks coerced.
- **Trying to contract away non-negotiable rights.** Clauses that remove maintenance or a child's rights are likely to be struck down.
- **No independent legal advice.** One lawyer for both sides weakens the agreement.
- **Assuming it is binding everywhere in India.** Outside Goa, enforceability is uncertain. Treat the prenup as a strong record of intention, not a guaranteed outcome. ## A note on jurisdiction Prenuptial agreements are treated very differently across jurisdictions, and within India they depend heavily on personal law and location. In Goa the Portuguese Civil Code gives them a statutory basis. For Hindus elsewhere in India, courts have often been reluctant to enforce them and may treat clauses that encourage separation or override personal law as contrary to public policy. Muslim law recognises marriage as a contract and terms like mehr. In many other countries prenups are routinely enforced if they meet fairness and disclosure tests. Because the law varies so much by jurisdiction and community, consult a qualified family-law advocate before relying on any prenup. Last verified October 2026. <!-- [VERIFY: specific case law and the current Goa position should be confirmed with primary sources before reliance] --> ## Where a contract workspace helps Drafting a fair prenup is really about clear terms, honest schedules and consistent language, and keeping the signed version and its disclosures safe and findable for years. That record-keeping is where personal legal documents often slip. That is the idea behind a single AI contract workspace: drafting from a template in plain language, reviewing the draft for vague or one-sided terms, editing clauses in plain English, and keeping the signed document, schedules and key dates in one place. Tools such as [Adira](https://adiralaw.com) are built around that idea, aimed mainly at business contracts, but the same single-workspace approach suits any agreement you need to draft carefully and keep safe. For a prenup, the drafting is only the start; sound legal advice for your personal law and state is what makes it hold.