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nuptial agreement cannot predict what will happen during the marriage and significant changes in circumstances may occur. Should circumstances change, a postnuptial agreement that does not cover the changes will lose its relevance and is unlikely to be upheld by the Court.

In case of a divorce, the division of assets and alimony payout to the spouse happens as per conditions laid down in the prenup agreement. Prenups are prevalent in countries like the US and Australia and slowly gaining ground among Indian couples. However, it is not legal in India.

To ask for a postnuptial agreement, you should set aside an appropriate time to talk about your finances. If you have debts that you don't want to burden your spouse with, you can talk to them about how a postnuptial agreement would help with those in the case of a divorce.

A prenuptial agreement is a contract written prior to a marriage that defines terms of divorce to foresee a positive outcome for both spouses in the event of a dissolution. A postnuptial agreement is a simple prenuptial but written after a marriage is performed.

You can create a Postnuptial Agreement at any time during your marriage. Postnuptial Agreements can be useful in both new and established marriages. If you need an agreement prior to marriage, use a Prenuptial Agreement. Don't use a Postnuptial Agreement if you're contemplating separation or divorce.

In India, a pre- and post-nuptial agreement is considered to fall into the category of a contract. Therefore, a legally binding pre-nuptial or post-nuptial agreement must satisfy the conditions of a valid contract under the Indian Contract Act 1872 (including that it must not be against public policy).