PRE-NUPTIAL AGREEMENTS: WHETHER A LEGAL REALITY IN INDIA?

Author – SHAURYA SHRESTHA AWASTHI, Student at National University Of Study And Research In Law, Ranchi

Best Citation – SHAURYA SHRESTHA AWASTHI, PRE-NUPTIAL AGREEMENTS: WHETHER A LEGAL REALITY IN INDIA?, ILE Family & Private Law Review, 1 (1) of 2023, Pg. 24-33, ISBN – 978-81-961120-8-0.

ABSTRACT

Pre-nuptial agreements are being widely used by prospective couples to determine their rights and liabilities in case of breakdown of marriage and to avoid complex and time-consuming judicial proceedings. However, the validity of pre-nuptial agreements in all countries is not unquestionable. In some countries pre-nuptial agreements are legally valid while in other countries, its validity is not free from doubt. In India, the position of pre-nuptial agreements is ambiguous in nature. The position in Hindu Law with regard to pre-nuptial agreements is very much unsettled. However, the position in Muslim Law is more or less settled. This research paper attempts to study and analyse the benefits and challenges of prenuptial agreements, legal position of prenuptial agreements in different countries of the world and the legal position of prenuptial agreements in India. Moreover, in the conclusion part, the researcher will present his own opinion with regard to the whole discussion related prenuptial agreements in research paper.

KEYWORDS:pre-nuptial agreements, mahr, alimony, divorce, ketubah.