Pre-nuptial Agreements: Legal Validity and Enforcement

Lalitha Sasanka G; Sivavarthini N

doi:10.36948/ijfmr.2023.v05i06.9593

Pre-nuptial Agreements: Legal Validity and Enforcement

Author(s)	Lalitha Sasanka G, Sivavarthini N
Country	India
Abstract	The legal enforceability of pre-nuptial agreements in India, underwent a significant transformation following multiple judgements given by the apex court. While this decision clarified the standing of such agreements, it inadvertently created the potential for frivolous litigation during divorce proceedings; particularly concerning dowry disputes and asset division. This research paper addresses the complexities surrounding the legal enforceability of marital agreements in India and it also attempts to navigate through the evolving landscape of these agreements in the wake of international practices and their associated benefits. The Supreme Court's ruling clarified that the judiciary has adopted the ideology of marriage being a sacrosanct union. However, the unintended consequence is an increased likelihood of misuse and frivolous litigation necessitates a careful re-evaluation of the existing legal framework. This research paper aims to strike a balance between safeguarding individual rights and preventing the potential for legal exploitation. Drawing insights from international jurisdictions with well-established practices in this regard, the paper analyses various approaches, their advantages, and drawbacks. It seeks to propose potential reforms and guidelines applicable within the Indian context to mitigate the risk of frivolous litigation while upholding the principles of fairness and equity in marital disputes. In summary, this research delves into the evolving landscape of marital agreements in India post the Tek ait Man Mohini Emadi V Besanta Kumar Singh decision. It aims to provide a comprehensive understanding of the challenges and opportunities presented by these agreements, informed by international practices, and offers nuanced recommendations to optimize their role within the Indian legal framework.
Keywords	family law, nature of marriage, pre-nuptial agreements,
Field	Sociology > Administration / Law / Management
Published In	Volume 5, Issue 6, November-December 2023
Published On	2023-11-27
Cite This	Pre-nuptial Agreements: Legal Validity and Enforcement - Lalitha Sasanka G, Sivavarthini N - IJFMR Volume 5, Issue 6, November-December 2023. DOI 10.36948/ijfmr.2023.v05i06.9593
DOI	https://doi.org/10.36948/ijfmr.2023.v05i06.9593
Short DOI	https://doi.org/gs63r9

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Pre-nuptial Agreements: Legal Validity and Enforcement

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