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Not legally binding If the court finds a post-nuptial agreement to be unfair, for whatever reason, it won't uphold it. However, as long as the agreement was freely entered into and everything was done fairly; a court will likely uphold it.

India has no law on prenuptial or post nuptial agreements. Such agreements are not common in India and are contrary to Indian customs and views about marriage.

As long as the agreement isn't unfairly one-sided, these agreements will be upheld in court. Benefits of prenuptial and postnuptial agreements include the following: Protects separate property from becoming marital property. Protect the debt-free spouse from being obligated to share the debt.

A postnuptial agreement cannot provide enforceable terms for child support or custody. However, it can include provisions for alimony since that is considered separately from a spouse's duties as a parent. (We have seen agreements that have a provision for child support, but it is not enforceable.

A postnuptial agreement must include the following elements: It must be voluntarily agreed to by both parties. It must be in writing. It requires full disclosure of assets and debts. It must not be one-sided in nature. It must be signed by both parties.

Some of the items that can be included in a postnup include: Debt responsibility: The couple can decide who takes on which debt upon divorce. Pet ownership: The couple can determine who gets to keep a family pet. Retirement accounts: The couple can agree that each individual keeps the plan that they paid into.