4 min readNew DelhiJul 18, 2026 04:55 PM IST
In a recent interview, actor Celina Jaitly urged women to consider signing a prenuptial agreement before marriage if they have personal assets. Reflecting on her own experiences, she shared that relationships can at times revolve around financial assets, thereby underscoring the importance of protecting one’s financial independence.
“I would recommend that girls, please do a prenup. If you have assets of your own, please do a prenup before marrying. Keep your assets separate always. Because, you know, it always boils down to assets,” she told India Today, further adding: “All the love, all the care, all the promises of togetherness, the children, the deaths — everything boils down to assets at the end of the day. And that is my biggest heartache.”
DISCLAIMER: This article is based on information from the public domain and/or the experts we spoke to.
What is a prenup?
Sachin Bhandawat, Partner at Khaitan & Co, says that a prenuptial agreement, or more broadly a marital agreement, is a written arrangement entered into by spouses or prospective spouses to record their financial rights and obligations during marriage and in the event of separation, divorce, or death. It may cover matters such as separate and joint property, division of assets, household expenses, savings, investments, maintenance expectations, and other financial arrangements.
“In India, prenuptial agreements are not recognised under a separate statute and are not automatically enforceable merely because the parties have signed them. Their enforceability is generally tested against principles of Indian contract law, including free consent, lawful consideration, lawful object, and public policy,” he elaborates.
Therefore, a prenuptial agreement cannot override matrimonial law or statutory rights, but it may be considered by courts along with applicable personal law, property law principles, and the facts of the case.
In this context, Sana Raees Khan, Founder of SRK Legal & Supreme Court Lawyer, adds that the purpose of a prenuptial agreement is not merely to prepare for the potential ending of a marriage, but rather to marry with high rates of fairness, openness, and cooperation.
“In the modern world where more and more women are entering into the workplace, running their own firms, acquiring wealth, and making very significant financial inputs, the role of a prenup is crucial for the protection of both parties involved in the marriage,” she tells indianexpress.com.
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Why is a prenup necessary?
Ajay Kumar, Partner at Bengaluru-based Triumvir Law, says that when women attempt to leave an abusive relationship, the first significant hurdle they face is a financial one. “Most married women in India in abusive situations do not enjoy control over their own money. In marriage, a woman also loses her right to legally demand maintenance from her father or brother, foreclosing that avenue,” he tells indianexpress.com. Therefore, they become essentially tied to the marriage for survival.
Khan explains that a prenuptial agreement particularly protects a woman from losing her assets which she had prior to the marriage — “from understanding her financial obligations, those connected to debts, and from making sacrifices in case she finds herself out of the workplace for some time”.
What to note
However, Khan reiterates that signing prenuptial agreements should be done with caution and all legal perspectives should be understood well in advance. “Moreover, a prenup should never be prepared and signed in a hurry. Every woman has to find an independent lawyer to get legal advice regarding the pre-marital agreement and better understand it,” she concludes.
DISCLAIMER: This article is based on information from the public domain and/or the experts we spoke to.
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