Legal Question in Family Law in India

Hello - What steps can I take to execute a pre-nuptial agreement in India under the Special Marriages Act and make it valid in the US to avoid any problems in the future?

I am an Indian citizen and will be getting married to an Indian citizen shortly. We have decided to have a pre-nup that will be reviewed by validity, fairness, relevance, etc by the Marriage Court in India before being registered under the Special Marriages Act of India. After we get married we plan on settling in the US and become permanent residents and US Citizens. What steps should I take to make the pre-nup entered in India valid in the US so as to avoid any issues in the future? For instance is there a provision to re-execute the pre-nup in the US soon upon our return to the US after marriage? Is there some clause that can be included in the pre-nup to make it enforceable and binding both in the US and India?

I would appreciate some detailed insights on planning this right. Tks


Asked on 8/26/12, 6:04 am

2 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Laws in US and India are different and u need to execute pre nup in US as prenuptial agreements are not valid in India.

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Answered on 8/26/12, 8:15 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

i agree with Adv Gupta

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Answered on 8/27/12, 4:51 am


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