The Missing Law: Why India Needs To Recognize Prenuptial Agreements
- IJLLR Journal
- Aug 5
- 1 min read
Akshara Dadhich, Biyani Law College, Affiliated to Dr. Bhimrao Ambedkar Law University, Rajasthan
ABSTRACT
Prenuptial agreements are contracts made before marriage to outline the division of assets and responsibilities in case of separation. Though common in many countries, India lacks a clear legal framework for their recognition, making such agreements largely unenforceable. In India, prenuptial agreements face significant limitation due to concerns about public policy, the complexities of personal laws, and an unpredictable judicial approach. There’s a rich historical and legal context to this, notably the unique exception of Goa, where such agreements are recognized under the Portuguese Civil Code. A central issue is the conflict between traditional perception of marriage and the increasing need for modern contractual arrangements. Despite this, there’s a growing call for legal clarity, and recognizing prenuptial agreements could offer substantial benefits, particularly in protecting individual right.
Formal acceptance of prenuptial agreements would bring India in line with international norms, empower individuals (especially women) within marriage, and provide a practical mechanism for resolving matrimonial disputes. A harmonized legal framework is needed- one that balances contractual freedom with protection against exploitation- to address this notable void in India’s family law.
