Latest – Hardik Pandya-Natasa Stankovic’s rumoured divorce: What is a pre-nuptial agreement and is it legal in India?

Hardik Pandya-Natasa Stankovic’s rumoured divorce: What is a pre-nuptial agreement and is it legal in India?

Indian cricketer Hardik Pandya and his Serbian actress-model wife Natasa Stankovic are in the news these days about the divorce. This was fueled by Natasa’s absence from IPL 2024 and Hardik’s below-par performance on the field. It has also been noticed that they don’t share pictures with each other or comment on each other’s pictures for quite some time. It has also fueled the rumours when Natasa Stankovic decided to drop the last name Pandya from her social media handles.

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There were rumors that Natasa and Hardik have parted their ways and the latest one that is surfacing on the internet states that if indeed the two decide to part ways then Natasa will get 70 percent of Hardik’s properties. The reason: It is said that the couple had entered into a prenuptial agreement before tying the knot in July 2020. But there is no substantial evidence that can be cited to support this speculation.
But what is a pre-nuptial agreement and is it legally valid in India?

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All about pre-nuptial agreements 

In India, a pre-nuptial agreement like any other contract is governed by the Indian Contract Act of 1872. But they are not considered as such on a conventional basis because different religions have their own laws that apply over civil contracts concerning marriage in the country. But for those individuals who wish to shield themselves from lossing their property in case of a divorce in the future, they can make use of pre-nuptial agreements before getting into marriage.

Speaking to us about this, Dr. Rennie Joyy, Lawyer and Founder of Aalekh Foundation said, “Marriages in India are regulated by various personal laws which are based on religion and they are not a contractual agreement in the literal sense.” Contract marriage as understood in certain parts of the world like the west does not exist in India legally.

Nonetheless, civil marriages are permitted by the Special Marriage Act, 1954, regardless of religious beliefs. Although marriage is somewhat governed by the Act’s provisions rather than existing independently of them, it is nonetheless subject to those rules.”

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