Between Affection And Agreement: A Study Of Prenuptial Agreements
- IJLLR Journal
- 2 hours ago
- 1 min read
Boshavarthini P, Government Law College, Viluppuram
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G.U. Pope's Translation; His joy who guards not against the coming evil day, like straw
before the fire shall swiftly consume away.
Thirukkural: 435, The Correction of Faults, Wealth
ABSTRACT
Prenuptial agreements, as pre-marital arrangements regulating the financial rights and obligations of spouses, occupy a legally uncertain position within the Indian framework. While several jurisdictions recognize such agreements as valid instruments of private ordering, their status in India remains contested due to the interplay between contractual principles, personal laws, and public policy. This reflects an inherent tension between the traditional conception of marriage as a sacrosanct institution and the contemporary need for financial clarity and risk management within matrimonial relationships. This study examines the conceptual foundations, contents, and underlying rationale of prenuptial agreements within the framework of the Indian Contract Act, 1872, while analysing their interaction with personal law regimes, including the Hindu Marriage Act, 1955. Particular emphasis is placed on their applicability across religious communities, especially in the context of Muslim marriages, which are inherently contractual in nature. The research further evaluates the enforceability of such agreements in India in light of judicial attitudes and public policy constraints. Adopting a doctrinal approach, the paper conceptualizes prenuptial agreements as instruments of anticipatory financial planning, reflecting a shift towards pragmatic matrimonial governance. It proposes the need for a calibrated legal framework, drawing cautious guidance from models such as the Uniform Premarital Agreement Act, while emphasizing contextual adaptation within India’s pluralistic system.
Keywords: Prenuptial agreements, matrimonial law, contractual autonomy, personal laws, public policy, India.
