Prenuptial Agreement - Change Is The Need Of Society
- IJLLR Journal
- Jun 26
- 1 min read
Vaishnavi Ramola, Law College Dehradun, Uttaranchal University
ABSTRACT
One of the most peculiar features of marriage is not just emotion but also compatibility and financial stability. It does not matter how sustainable your present is, you can never expect the next move your life can make upon you. So, prevention is always better than cure, that is the reason Prenuptial Agreements exist to prepare you for the unexpected turbulences in life for instances like divorce and separation. This paper analyzes the history and evolution of prenuptials agreements. The validity of prenups in India has also been discussed using relevant case laws. Furthermore, Indian Contract Act 1872 and The Indian Divorce Act of 1869 have also been discussed to determine the scope of prenups in India. The paper highlights the dynamic nature of society and determines that how public interest changes with the passage of time. India is a diverse country with diverse religions having distinct perspectives on prenuptial agreements. The paper explores the concept of Prenup in Hindu law, Christian law and Muslim law highlighting their vivid legal approach within their jurisdiction. The reason to support prenups have been vividly explained with potential clauses that could be considered while framing a specific law for them.
