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Prenuptial settlement in India is considered to be legally invalid, as here, marriages are not contractual in nature. Unlike countries like Canada and France, India does not have a special status in prenup contracts.

In some countries, including the United States, Belgium, and the Netherlands, the prenuptial agreement not only provides for what happens in the event of a divorce but also protects some property during the marriage, for instance in case of bankruptcy.

Siddiqi, former President of the Islamic Society of North America, states: ?In principle Prenuptial Agreements are acceptable in Islam. Both spouses in marriage are allowed to have Prenuptial Agreements. Once the agreement is done, it becomes binding upon both parties.

Prenuptial agreements do not hold legal validity in India. It is possible for two parties to enter into a prenup by consenting before engaging in a marriage. The courts will approve it with its acceptance if both parties consent to it and put in their signature without external pressure, influence, or force.

Marriages in India are performed by personals laws. Under the Hindu Marriage Act, 1955, a marriage is not a contract, so prenup is invalid. Though under Muslim law and Christian law, marriage is a form of contract, they also do not validate prenup agreements.

The Indian Contract Act prohibits contracts that allow parties to agree to sign away rights ensured to them through personal laws. Also, agreements that contemplate separation such as prenuptial agreements are also considered opposed to public policy.

In Islamic law from the Institute of Islamic Research of Istanbul University in Turkey. He strongly recommends Muslim couples sign a prenuptial agreement before getting married.