Prenuptial Agreement (Marriage
Agreement)
(Drafted under Indian Contract Act, 1872 for mutual understanding purposes)
This Agreement is executed on this __ day of ________, 20__ at _____________, between:
1. Mr./Ms. [Full Name], aged __ years, S/o/D/o ________________, residing at
____________________________, hereinafter referred to as the "First Party",
AND
2. Mr./Ms. [Full Name], aged __ years, S/o/D/o ________________, residing at
____________________________, hereinafter referred to as the "Second Party".
WHEREAS:
- The parties intend to marry each other under the Hindu Marriage Act, 1955 / Special
Marriage Act, 1954;
- The parties wish to define their financial, personal, and legal understanding during the
course of marriage and in the event of its dissolution;
NOW THIS AGREEMENT WITNESSETH AS UNDER:
1. Legal Basis
This agreement is entered into under the provisions of:
- Indian Contract Act, 1872
- Code of Civil Procedure, 1908
- Hindu Marriage Act, 1955 / Special Marriage Act, 1954
Note: This agreement does not violate Section 23 of the Indian Contract Act, 1872,
which prohibits agreements contrary to public policy.
2. Property and Financial Rights
- Properties, movable and immovable, acquired by each party prior to marriage shall
remain individually owned.
- Any property acquired jointly after marriage shall be governed by principles of co-
ownership unless otherwise agreed in writing.
- Gifts and streedhan (under Section 14 of the Hindu Succession Act, 1956) received by
the wife shall remain her absolute property.
3. Income and Maintenance
- Each party shall maintain independent income and financial accounts.
- In the event of separation, maintenance (if any) shall be determined by mutual
consent, failing which as per Section 125 of the Criminal Procedure Code (CrPC) or
Section 24 and 25 of the Hindu Marriage Act, 1955.
4. Liability and Debts
- Debts incurred by either party before marriage shall remain that party’s sole
responsibility.
- Post-marital debts must be declared and mutually agreed for shared responsibility.
5. Children (If Applicable)
- Custody and guardianship of children (if born from this union) will be resolved under
Guardians and Wards Act, 1890, and Hindu Minority and Guardianship Act, 1956.
- Education, upbringing, and medical care responsibilities will be shared equally.
6. Dispute Resolution
- Any dispute under this Agreement will first be referred to mediation under the
Arbitration and Conciliation Act, 1996.
- Failing amicable resolution, disputes shall be subject to the jurisdiction of the Family
Court or appropriate civil court at ____________ (City).
7. Confidentiality
- The terms and content of this Agreement shall remain confidential, except as required
by court or law.
8. Governing Law
- This Agreement shall be governed by the laws of India, including the Indian Contract
Act, 1872, and relevant Personal Laws.
9. Binding Nature and Limitations
- While not enforceable as a statutory document in marriage matters, both parties agree
to uphold the terms in good faith.
- This agreement shall not supersede any statutory or judicial rights granted under
Indian laws.
IN WITNESS WHEREOF, the parties have signed this Agreement on the day, month, and year
first written above.
Signature of First Party: ___________________________
Signature of Second Party: ___________________________
Witness 1
Name: ____________________
Signature: ________________
Address: ___________________
Witness 2
Name: ____________________
Signature: ________________
Address: ___________________
⚠️Legal Disclaimer:
This document is for illustrative purposes only and may not be enforceable in a court of law.
It is advised to consult a family lawyer for proper notarization and legal vetting.
