An Empirical Study On Adapting United States' Prenups Laws In India With Special Reference To Chennai: Till Divorce Do Us Apart
- IJLLR Journal
- Mar 28, 2025
- 1 min read
H. Priya, BALLB (Hons), Saveetha School of Law, Saveetha Institute of Medical and Technical Sciences (SIMATS),
The evolving dynamics of marriage and divorce laws in India have sparked discussions on the potential role of prenuptial agreements in addressing financial and legal complexities. While widely recognized in several countries, prenuptial agreements remain legally unregulated in India, leading to uncertainties in asset division and prolonged litigation during divorce proceedings. This study aims to explore the feasibility of adapting U.S. prenuptial laws in India, with a special focus on public perception, legal implications, and financial security. The objectives of this research are to analyze the impact of the absence of prenuptial agreements on divorce settlements, assess their potential to simplify asset division and reduce litigation, and evaluate societal attitudes toward their legalization. This empirical study employs a quantitative methodology, utilizing survey responses from a sample of 207 participants across diverse demographic backgrounds. The independent variables include age, gender, marital status, place of residence, educational qualification, and opinions on financial transparency in marriage. The dependent variables encompass perceptions of prenuptial agreements' impact on financial fairness, emotional stress, divorce case duration, and societal acceptance over time. Findings highlight that prenuptial agreements are more widely supported by men, younger individuals, urban residents, and those with higher education, while women and older respondents are more skeptical. Respondents believe prenups promote financial transparency, reduce divorce case duration, and protect financially weaker spouses, though concerns about trust and social acceptance persist.
Keywords: prenuptial agreements, divorce settlements, financial transparency, legal implications, societal acceptance
