Chahal-Dhanashree divorce ends with ₹4.75 crore payout: No prenup, but are there alternatives?

The Mumbai family court on Thursday granted cricketer Yuzvendra Chahal and choreographer Dhanashree Verma a decree of divorce, formally ending their three-year marriage. “The court has accepted the joint petition of both parties. The parties are no longer husband and wife,” confirmed Chahal’s lawyer, Nitin Kumar Gupta, speaking to reporters outside the courtroom.

As part of the settlement, Chahal will pay Dhanashree ₹4.75 crore in alimony — a figure that has reignited debate around prenuptial agreements in India. Could a prenup have made the process simpler? Do such contracts even hold water in Indian law?

“Prenuptial agreements in India currently lack widespread legal backing, except in Goa where the Portuguese Civil Code applies,” according to Rohini Musa, senior advocate at the Supreme Court of India. 

“Indian courts have historically viewed these agreements with skepticism, often invalidating them on grounds of public policy.”

Yet, the legal landscape may be shifting. A Mumbai family court recently upheld a prenuptial agreement, citing its usefulness in reducing conflict. Similarly, a Delhi court endorsed making prenups mandatory, pointing to their ability to streamline proceedings and lessen emotional distress.

Why are prenups gaining relevance?

They offer financial clarity, especially in complex asset structures involving joint family property or high-net-worth individuals. They also ensure equitable distribution, especially in marriages where both partners contribute financially. For blended families, they can secure the financial interests of children from previous relationships. And by defining terms for alimony and asset division, prenups can help avoid drawn-out legal battles.

But challenges persist.

Prenups face social and cultural resistance, seen as undermining marital sanctity. They also carry emotional baggage, as discussing separation terms before marriage can trigger mistrust. Drafting them demands legal precision and cost, which deters many. More critically, if not fairly constructed, they may disadvantage the financially weaker spouse.

Alternatives to prenups include:

• Postnuptial agreements, drafted after marriage, and recognized under the Indian Contract Act if based on mutual consent.
• Trusts, which safeguard assets and ensure directed inheritance.
• Wills, vital for estate planning and protecting dependent interests.
• Marital property agreements, clarifying asset division during marriage.

Globally, prenups are well-integrated. The US, UK, and Australia have structured legal systems that recognize and enforce such contracts, focusing on fairness and transparency.