Till Contract Do Us Part: The Case For Prenuptial Agreements In India
- IJLLR Journal
- Jul 15
- 1 min read
Sagar Singh B.A. LL.B. (Hons.), Law College Dehradun, Uttaranchal University
ABSTRACT
India is a nation where the notion of matrimonial alliances is considered a sacrosanct union ordained by destiny; the idea of a prenuptial agreement appears to be unholy and unceremonious in Indian society. It is often misunderstood as planning for failure before a relationship has even begun. However, with the rise in divorce rates, property disputes, and financial complications after separation, the absence of legal recognition for such agreements in India is becoming harder to ignore because marriage is not merely a cultural construct but also a socio-economic partnership with tangible legal consequences.
This paper probes the conspicuous absence of a structured legal framework governing prenuptial agreements in India. It highlights how personal laws and contract law remain largely silent or ambiguous on the subject by employing a comparative lens that how other countries like the US, UK, and Australia deal with prenups, this research aims to show that these agreements can offer fairness and clarity to anyone who is entering matrimonial alliance with mutual respect and shared responsibilities.
Through doctrinal analysis and socio-legal critique, the research advocates for the formal recognition of prenuptial agreements, not as harbingers of marital doom, but as instruments of foresight and justice. This research endeavours to transform the prenuptial agreement from a tabooed "exit plan" into a dignified "contingency clause."
