<div> A prenuptial agreement or “prenup” is a vital legal agreement between two people entering a marriage agreement between two people entering a marriage that provide for what happen if there ever is a divorce; it prescribes how the two will divide their belongings and property if they ever get divorce. It lists who will get alimony and who have custody over their children. With more young couples today recognizing the value of prenuptial agreements as a means of protecting themselves for the future should they separate, it seems reasonable that the concept of prenup is becoming popular within India. </div> <div> The potential exists for prenuptial agreements to smooth out divorce process would dramatically improve if they were legally accepted in India. They could help couple define all major factors related to divorce, including child custody, alimony, maintenance, or any other terms they have agreed upon as couple, Unfortunately, because of the ambiguity around if prenuptial agreements are legally binding in India, there is currently an uncertainty in how prenuptial agreements will be treated by various courts throughout the country including some courts divide property based on prenuptial agreements, while some courts refuse to enforce them. </div> <div> The primary focus of this paper is to discuss how it is currently impossible to enforce prenuptial agreements in India based on its secular status. Additionally, this paper will discuss how prenuptial agreements contradict the existing legal structure of India and need to be recognized legally and treated consistently in regard to the courts in India. </div>