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The major benefit of a postnup is that it can be used if the couple does not have a prenup but it later seems like a good idea. A postnup can be used to address concerns raised by a significant change such as an inheritance received by one of the partners.

In India, there is no specific law stating the prevalence of Pre ? Nuptial Agreement but the court can consider such agreement to comprehend the intention of the couple. The nature of Pre ? Nuptial Agreement can help the court reach proper settlement in matters related to divorce.

Although laws can differ by state, there are five basic elements to a postnuptial agreement: It must be in writing. ... It must be entered into voluntarily by both parties. It requires full and fair disclosure of relevant information at the time of execution. Terms must not be unconscionable or unjust or one-sided in nature.

For example, a house bought after a couple gets married is marital property, while a car bought before marriage is separate property. These postnup clauses offer a guide for dividing the couple's joint property without emotions or outside influences getting in the way after the marriage ends.

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.

Yes, you can technically write your own postnuptial agreement, but the question is: should you? While you can likely find templates online, it is still difficult for the average person, who is not a legal professional, to draft such a complex legal document.