Why Indian Couples Discuss Careers, Children And Homes Before Marriage, But Still Avoid Prenups

As speculation swirls that global pop icon Taylor Swift and NFL star Travis Kelce may sign a prenuptial agreement ahead of their widely discussed July wedding, an old debate has resurfaced over whether prenups are a practical financial tool or a sign that marriage is increasingly being viewed through a financial lens.

In the US, prenuptial agreements are a routine part of marriage planning, especially among wealthy individuals, entrepreneurs and professionals. In India, however, the idea remains controversial. Couples today openly discuss careers, where they will live, whether they want children and how household responsibilities will be shared. Yet conversations about protecting assets, debt obligations or financial arrangements in the event

of divorce continue to be viewed with discomfort.

The growing interest in prenups shows how Indian marriages are evolving, but the legal framework governing them has not changed much.

Why Are Prenups In The Spotlight?

A prenuptial agreement, commonly known as a prenup, is a legal contract signed by two people before marriage. It typically outlines how assets, liabilities, inheritance rights and financial responsibilities will be handled during the marriage and, if necessary, after separation or divorce.

The subject has gained attention globally because of high-profile celebrity marriages, including discussions surrounding Taylor Swift and Travis Kelce.

In a 2022 Harris poll of more than 1,000 adults, 15% of those who had ever been married or were then engaged, said they had signed a prenup, up from 3% in 2010, a Forbes report said. But the signed prenup rate was far higher for married and engaged Gen Z and millennials than for older generations. And among the unhitched, 40% of millennials and 52% of Gen Z said they were “very” or “somewhat” likely to enter into a prenuptial agreement in the future.

But in India, lawyers say enquiries about prenups are increasing among urban professionals, start-up founders, high-net-worth individuals and people entering second marriages.

The reason is not necessarily a fear of divorce. Instead, it reflects growing concerns around financial transparency, inherited wealth, business ownership, debt and future family obligations. As Indians marry later in life and accumulate assets before marriage, the question of protecting those assets is becoming harder to ignore.

Are Prenups Legal In India?

Unlike many Western countries, India does not have a clear legal framework recognising prenuptial agreements. Indian courts have historically viewed marriage as a social and sacred institution rather than a purely contractual arrangement.

Marriage is governed by personal laws (such as the Hindu Marriage Act, 1955). Historically, any agreement anticipating the breakdown of a marriage was considered to violate these personal laws and public morals. Courts have therefore been reluctant to treat prenups as automatically enforceable.

According to Section 23 of the Indian Contract Act, 1872, contracts that are deemed “opposed to public policy” are void. Courts have historically struck down prenups on these grounds.

As a result, prenups exist in a legal grey area. A couple can sign one, but there is no guarantee that a court will enforce all of its provisions if a dispute arises later.

Why Goa Is An Exception

Goa remains the only Indian state where prenuptial agreements enjoy formal legal recognition under the Portuguese Civil Code. The law allows couples to decide, before marriage, how their assets will be owned and managed. If no agreement is signed, all assets are generally treated as jointly owned after marriage.

However, the law also places safeguards on such agreements. Prenups cannot override inheritance rights or other legal obligations between spouses and families. Once a marriage is solemnised, the agreement cannot be altered through a fresh contract.

Goan law offers different property regimes for couples. These include complete joint ownership of assets, complete separation of assets, separation of pre-marital assets with joint ownership of assets acquired after marriage, and the traditional ‘dotal’ system, where property brought into the marriage is returned if the marriage is dissolved. This makes Goa a unique exception in India’s otherwise uncertain prenup landscape.

Outside Goa, courts may sometimes consider parts of a prenup as evidence of the parties’ intentions, but they are unlikely to uphold provisions that conflict with statutory rights or public policy.

Why More Indians Are Considering Prenups

The social realities of marriage have changed significantly over the past two decades. Dual-income households are now common in urban India. According to the ICE 360° Survey by PRICE, India has an estimated 111.8 million urban households. As dual-income households become increasingly common in urban India, lawyers say financial arrangements within marriage are becoming a bigger point of discussion.

The rise of India’s start-up ecosystem has also created another layer of complexity. Founders may hold valuable equity, ESOPs or stakes in private companies that could appreciate dramatically over time. Families increasingly want clarity on how such assets would be treated if a marriage breaks down.

Prenups are also attracting interest among business families seeking to separate family wealth from marital assets. Inheritance planning has become a major consideration, particularly in families with significant real estate holdings or closely held businesses.

Then there are second marriages and blended families. Individuals who have children from previous relationships often want to ensure that inheritance rights remain protected while providing financial security to a new spouse.

Delayed marriages are another factor. Many Indians now marry in their 30s, after years of building careers and accumulating wealth. Unlike earlier generations, they are entering marriage with substantial financial independence.

The Arguments In Favour

Supporters argue that prenups are less about preparing for divorce and more about encouraging financial honesty. One of the strongest arguments is transparency. Discussing assets, debts, investments and future financial expectations before marriage can reduce misunderstandings later.

Prenups can also help reduce litigation if a marriage ends. Divorce proceedings involving property disputes often drag on for years. A clearly drafted agreement may help minimise uncertainty and conflict.

Another argument is asset protection. Individuals who own businesses, family property or inherited wealth may want clarity on what remains separate property and what becomes jointly owned after marriage.

Lawyers also point out that prenups can address liabilities. If one spouse enters marriage with substantial debt or financial obligations, a prenup can establish how those responsibilities will be handled.

The Arguments Against

Critics believe prenups fundamentally change the nature of marriage. For many Indians, marriage remains a social and emotional commitment rather than a financial transaction. Asking a future spouse to sign a legal agreement before the wedding can be perceived as signalling distrust.

There are also concerns about unequal bargaining power. One partner may feel pressured into signing terms they do not fully understand or cannot realistically negotiate.

Women’s rights advocates have raised another concern. In a society where financial inequality between spouses often persists, prenups could potentially disadvantage the financially weaker partner, particularly women who may take career breaks for caregiving responsibilities.

“Prenups are particularly problematic in a society in which men predominantly with access to lawyers and bankers, and women may not even have the opportunity to invalidate contracts that aren’t enforceable under the law,” according to theswaddle.com — an independent digital media publication that covers news, gender, culture and women’s health.

These concerns partly explain why Indian courts have historically been cautious about granting prenups full legal recognition.

How Other Countries Handles Prenups

In countries such as the US, prenups are widely recognised but subject to safeguards. Courts generally require full financial disclosure, voluntary consent and fairness. Agreements signed under pressure or containing unconscionable terms can be struck down. There is also a shift in who is initiating the prenup process. According to First Founder and CEO Libby Leffler, 50% of prenups the company facilities are initiated by women.

The UK follows a slightly different approach. Prenups are not automatically binding, but courts increasingly give significant weight to them if they are entered into freely and fairly. However, judges are also wary of prenuptial agreements being ‘forced’ upon partners who were not happy with the implications, but did not feel as if they could say no.

Countries such as Singapore, Australia and Canada also recognise prenups under certain conditions, particularly when both parties receive independent legal advice and fully understand the agreement.

Whether India eventually creates a formal legal framework for prenups remains uncertain. What is clear, however, is that modern marriages are becoming more financially complex. As couples increasingly discuss careers, investments, inheritance and long-term wealth planning before marriage, the conversation around prenups is unlikely to disappear anytime soon.