A Prenuptial Agreement, Ante nuptial agreement, or Premarital agreement (PNA), commonly abbreviated as Prenup, is a contract entered into prior to marriage, civil union, or any agreement prior to the main agreement by the people intending to marry or contract with each other. The content of a prenuptial agreement can vary widely, but commonly includes provisions for division of property and spousal support in the event of divorce or breakup of marriage. They may also include terms for the forfeiture of assets as a result of divorce on the grounds of adultery; further conditions of guardianship may be included as well. It should not be confused with the historic marriage settlement which was concerned not primarily with the effects of divorce but with the establishment and maintenance of dynastic families.

Postnuptial agreements are similar to prenuptial agreements, except that they are entered into after a couple is married.

Historically (and sometimes still today) prenuptial agreements were called marriage contracts.

Laws vary between both states and countries in both how to draft them and in whether they will enforce such agreements.

But, Prenuptial and post nuptial agreements are not Legallly binding in India.

Prenuptial agreements are neither legal, nor valid under the marriage laws because they do not consider marriage as a contract. A marriage is treated as a religious bond between husband and wife and prenuptial agreements don't find social acceptance. However, these are governed by the Indian Contract Act and have as much sanctity as any other contract, oral or written.

The Indian courts take cognizance of a prenuptial agreement if both the parties mutually agree to it and sign it voluntarily, without any undue influence, force or threat. Besides, the agreement should be fair, clearly stating the division of property, personal possessions and financial assets of the parties, and should be certified by a separate lawyer for each.

A big advantage of having a prenuptial agreement is that it forces couples to have a financial discussion before marriage. The issues that can be efficiently dealt with through such a contract include protecting both the parties from each other's debts, preventing a division of the family businesses and disputes regarding separate and shared assets, as well as dealing with the issue of children's custody after the dissolution of a marriage. So, essentially, the agreement helps decide who gets what at the time of divorce.

For a prenuptial agreement to be successful, both parties have to be willing to participate in it and have to be completely honest about their individual assets and liabilities. The contract also has to be in place before the wedding