Why Prenuptial Agreements Are A Necessary Evolution In India’s Marital Laws?
- Indian Journal of Law and Legal Research
- Mar 24
- 2 min read
Dr Anuradha Girme, Assistant Professor, Law Department, New Law College, Bharti Vidyapeeth University, Pune
Utpal Gharde, LLM, Law Department, New Law College, Bharti Vidyapeeth University, Pune LLB, ILS Law College Pune, M.Tech. (IIT Kharagpur), B.Tech. (NIT Surat)
ABSTRACT
This research investigates the necessity of prenuptial agreements in India's marital law, focusing on their potential to reduce marital discord and streamline divorce proceedings. The study explores how prenuptial agreements can mitigate issues related to marital discord, divorce, child custody, maintenance, alimony, and property division in India. Utilising a black text research methodology, the study analyses secondary data from legal databases, government reports, and academic articles.
Globally, prenuptial agreements have proven effective in reducing the length and cost of divorce proceedings. In jurisdictions like California and the United Kingdom, prenuptial agreements significantly decrease divorce duration and legal expenses. Despite these benefits, prenuptial agreements are not widely recognised in India, highlighting a gap in the current legal framework.
The research methodology includes a thorough review of secondary data sources to assess the impact of prenuptial agreements on Indian marital disputes. Data from the National Judicial Data Grid (NJDG) underscores the inefficiencies in India's current system, with a substantial backlog of family court cases.
Findings suggest that prenuptial agreements can considerably reduce the time, costs, and efforts involved in resolving marital disputes in India. For example, divorce proceedings could be shortened from 18 to 11.7 months, with cost savings of approximately INR 60,000 per case. Additionally, efforts required for resolving disputes could be reduced by 35% across various categories.
Prenuptial agreements represent a necessary evolution in Indian marital law, offering clarity, protection, and efficiency. Their adoption can align India's marital laws with global best practices, providing better legal and emotional outcomes for married couples.
Keywords: Prenuptial agreements, marital discord, divorce proceedings, child custody, maintenance, alimony, property division, legal efficiency, financial transparency, Indian marital law.
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