Complexity of prenuptial agreements in India: Why Goa is the only outlier

Persons "domiciled in Goa" are governed by the Portuguese Civil Code, 1867, which is a Uniform Civil Code for the state and pertains to marriage, divorce, protection of children, and succession

A startup founder in Delhi, while he was preparing for his wedding, consulted a lawyer about the management of his assets. What he wanted was a prenuptial agreement, what he ended up getting was a memorandum of understanding (MoU). For, in India, where many believe marriages are made in heaven, man-made prenups have limited value.

“A lot of high net worth individuals, even women, have been coming to us for an MoU before getting married,” says Sarah Kapadia, Partner at law firm Vesta Legal. “I want to reiterate that prenups are not 

legally enforceable.”
 

So, what is the MoU for? “These