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After actor Celina Jaitly revealed she wishes she'd signed a prenup, many wondered whether prenuptial agreements are even valid in India.

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00:00I would recommend to girls, please do a prenup.
00:03Actor Selena Jaitley had married for love with full dhoom dhamaka in a big fat Indian wedding.
00:09But years later, as her husband has turned cruel,
00:13she is now wondering why she never signed a prenuptial agreement.
00:17Unfortunately for Selena, in a marriage in India, prenuptial agreements are not valid.
00:24Why?
00:28Because under Indian law, particularly under Hindu law,
00:32marriage is treated as a sacrament because ultimately the stridhan,
00:37that is anything that is gifted to the woman just before or at the time of marriage
00:43or even after the marriage as a present, belongs solely to the woman.
00:47For people whose marriages are registered in US, Europe and some other countries,
00:53a prenuptial agreement has binding value.
00:56Why?
00:57Because it is a contract that both spouses have signed with regard to all assets,
01:02all properties, even custody of children.
01:04In India, however, the law is different.
01:07Asset division in a Hindu marriage will depend entirely on whose name is on that particular
01:12piece of property or if both names are there, then it will be divided 50-50.
01:19Otherwise, there can also be a consideration of who put in the money to purchase that particular property
01:26if the bank records and transfer records exist.
01:29That is a question that courts can look into at the time of the divorce.
01:33But for cases like Selina's, where the marriage is registered in Europe,
01:39there a prenup, if one had existed, would have had every binding value of that contract as it was signed.
01:47For the larger population, a prenup doesn't really mean anything legally so far.
01:53Long.
01:55Long.
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