Prenuptial Agreements in the Institution of Marriage in India: Legal Framework & Societal Perceptions

Journal: Legal Research & Analysis

Publication: 2024-12-11 · Vol. 2 No. 2

DOI: 10.69971/s7nqbs85

Abstract

In modern culture, prenuptial agreements represent a significant shift from traditional marital customs to a more popular strategy. Such agreements are effective in navigating potential risks and enhance communication among future spouses. These agreements embody a strengthened framework of legal protection that guarantees that the financial interests of both parties are respected, while also easing the financial burdens and emotional difficulties linked to the divorce process. Current research examines prenuptial agreements in Hindu marriages in India revealing the possible pathways beyond customary laws. It also highlights the significance of customs in Hindu marriages and growing interest in prenuptial agreements young couples. It is suggested to implement a well-defined legal framework which aligns traditional marriage with modern requirement. In India, prenuptial agreements are subject to inconsistent and ambiguous legal provisions. Although there are no particular provisions for prenuptial agreements in personal laws, they may fall under the purview of contract law or the ‘Indian Contract Act, 1872.Courts have generally held them unlawful on public policy grounds. In India, marriages are governed by Hindu marital traditions.