Division Of Matrimonial Property Post Divorce And Role Of Prenuptial Agreements
- IJLLR Journal
- May 3
- 1 min read
Anand Dhakad, National University of Study and Research in Law, Ranchi
ABSTRACT
This research paper explores the evolving recognition, enforceability, and role of prenuptial agreements in matrimonial property division, with a focus on the Indian legal framework and a comparative analysis of international practices. Despite the absence of clear statutory provisions in India, prenuptial agreements have gained traction among modern couples seeking clarity and protection in marital property matters. The paper delves into historical and judicial interpretations under various Indian personal laws, particularly the Indian Contract Act, 1872, and contrasts them with practices in jurisdictions like the United States, European countries, and the United Kingdom, where prenuptial agreements are either widely enforceable or subject to procedural and substantive fairness criteria. Through an analysis of key case laws, statutory frameworks, and societal attitudes, this paper highlights the potential of prenuptial agreements in addressing the unequal and contentious nature of property division during divorce, emphasizing the need for comprehensive legal regulation in India.
Keywords: Matrimonial Property, Property division, Prenuptial Agreements.
