The law concerning pre- and post-nuptial agreements is still controversial and not fully evolved. Marriages are considered to be a sacred alliance that cannot be broken or dissolved as a civil contract, except with regard to the strict provisions of the personal laws and civil law.

The concept of a pre- or post-nuptial agreement is not defined in any of the personal laws. 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).

A prenuptial agreement may be an agreement which sets out terms of settlement outlining the distribution of assets, liabilities and issues relating to the custody of children, in the event that the marriage breaks down, which can maybe be relied upon to put an end to the dispute and for the parties so that they can part ways amicably. Other matters that are addressed could include:

Permanent alimony and maintenance to be provided to wife or husband in case the marriage fails.

The issue of custody of the children, including the care and maintenance by both parties and the proportional distribution of responsibility, and the liabilities of both for any children born to them out of wedlock.

The terms and conditions relating to the financial contribution of self as well the other partner in marriage.

However, pre-nuptial agreements in India are not binding or executable in a court of law. The courts may take a prenuptial agreement into consideration for understanding the intention of the couple and this may help the courts in reaching a proper settlement in cases for divorce.

Courts uphold such agreements where the parties enter into an agreement post-breakdown of marriage, in order to amicably settle family issues.

However, the above view is only applicable for marriages under Hindu law. Muslim marriages are in the form of legal contract and mahr, which is offered as consideration to the bride at the time of marriage can be viewed in the same light as a pre-nuptial agreement.