Editing Prenuptial agreement (section)

====India====
In [[India]], prenuptial agreements are very rare and do not have any governing laws. However, with rising divorce rates, people are showing increasing interest in them. Some lawyers think that prenups don't have legal sanctity in India. However, some form of contract is signed in some cases, usually among affluent citizens. But, the agreements need to be reasonable and not violate pre-existing laws like the [[Hindu Marriage Act]]. Indian courts allow a memorandum of settlement to be signed during divorces. But, no court has yet been asked to enforce a prenup.<ref name=legallybound>{{cite news|title=Legally bound: Pre-nuptial agreements have no legal sanctity in India yet a few rich and affluent insist on signing them|url=http://www.business-standard.com/article/beyond-business/legally-bound-112072100025_1.html|access-date=5 November 2013|newspaper=[[Business Standard]]|date=21 July 2012}}</ref>

These agreements may come under the [[Indian Contract Act, 1872|Indian Contract Act of 1872]]. Section 10 of the Indian Contract Act states that agreements are to be considered contracts if they are made with the free consent of the parties.<ref name=ICA10>{{cite act|title=Indian Contract Act|article=10|number=9|date=1872}}</ref> However, Section 23 of the same act states that a contract may be void if they are immoral or against public policy.<ref name=ICA23>{{cite act|title=Indian Contract Act|article=23|number=9|date=1872}}</ref>

[[Goa]] is the only Indian state where a prenuptial is legally enforceable, as it follows the [[Portuguese Civil Code]], of 1867. A prenuptial agreement may be signed between the two parties at the time of marriage, stating the regime of ownership. If a prenuptial has not been signed, then the marital property is simply divided equally between the husband and wife.<ref name=IDoWant>{{cite news|title=I do — and I want|url=http://www.telegraphindia.com/1151125/jsp/opinion/story_54807.jsp#.VmaWcV5R2D4|archive-url=https://web.archive.org/web/20151130073931/http://www.telegraphindia.com/1151125/jsp/opinion/story_54807.jsp#.VmaWcV5R2D4|url-status=dead|archive-date=November 30, 2015|access-date=8 December 2015|work=[[The Telegraph (India)]]|date=25 November 2015}}</ref><ref name=GoaMarriage>{{cite news|title=Why marriages are made in Goa|url=http://www.dnaindia.com/mumbai/report-why-marriages-are-made-in-goa-1154015|access-date=8 December 2015|work=[[DNA India]]|date=3 March 2008}}</ref>