Abstract
The way that marriage is viewed in the modern world is different from what it was in the past. The days of needless compromise to save a marriage are long gone. Though the scenes behind the scenes paint a very different picture, people today are far more concerned with their identity than with the phoney appearance of having a stable relationship. It is becoming more and more crucial to address the parties’ post-divorce circumstances as divorce rates rise globally. This study examines prenuptial agreements across continents and around the world. The study then shifts its focus to India and investigates whether prenuptial agreements could be upheld by Indian courts. The validity, significance, and complications of prenuptial agreements will all be examined in this paper. In this paper, the researcher will try to address the issue of ambiguity surrounding prenuptial agreements in India and offer recommendations while taking into consideration the variety of personal laws that regulate marriage and divorce in the nation.
Keywords: Marriage, Prenuptial Agreements, Legalising, Societal Attitude, India
INTRODUCTION
A prenuptial agreement is a legal document that a prospective bride and groom sign before marriage. Divorces can cause spouses to spend a lot of time and money arguing in court over matters like child custody, maintenance, and asset distribution because of the emotional and financial toll they take.[1] Despite not being planned at the time of forming a marital bond, ending a marriage is a likely possibility in modern times, and couples planning to get married should consider this. To prepare for such a scenario, prenuptial agreements can be extremely helpful.
RESEARCH METHODOLOGY
To complete the research paper, the researcher employed an exclusively doctrinal research approach. The researcher makes use of data that has previously been obtained by another individual and has been subjected to legal precedents and legislative provisions. The researcher incorporates an analytical analysis of the secondary sources. As a result, the data collection method is secondary.
The researcher’s sources include the Hindu Code, Amrita Ghosh and Pratyusha Kar’s Prenuptial Agreements in India: An Analysis of Law and Society, and significant court rulings that will be cited where necessary. Books, research articles, statutes, reports, journals, international conventions, and recommendations are also included in the sources. This approach is used because the idea being discussed is popular among Indian couples, and it will be analysed to determine if it benefits or affects them. Data from mass media, such as newspapers, bulletins, and newsletters, is one of the secondary sources. Popular law periodicals, semi-professional journals, and specialised journals are the sources of the study papers. Among the other resources used in the study were dictionaries and case laws. Computer databases and the Internet have been widely used as primary and secondary sources of information.
[1] Robert H. Mnookin & Lewis Kornhauser, Bargaining in the Shadow of the Law: The Case of Divorce, 88(5) Yale Law Journal 950-997 (1979)