Abstract

A pre-nuptial agreement or pre-nuptial is a type of a contract, which is entered to by the parties who are engaged to be married to decide the transfer of certain properties which they hold on their own or together and other liabilities that are attached which might be difficult to solve at the time of divorce, separation or breakdown of marriage. Previously it was only limited to western countries where divorce rate is much higher than that of India, but now it’s slowly gaining momentum in India as well. The intent of this research is to peruse out the difficulties that arise in an Indian society with reference to acceptance of pre-nuptial agreements in a common platform. The intend of the research is to analyse in detail the approach of Indian societies towards pre-nuptial agreement through a data study focusing on the young people who are the intended parties of the pre-nuptial agreements and the families involved who become the reason for the unpopularity of these agreements. A part of this research will also highlight in detail the comparative analysis of Australia and its laws pertaining to how they look at the pre-nuptial agreements and how the courts enforce these agreements either with the help of the laws existing or through case by case basis. Along with an entire focus shall be to focus in detail the understanding of the public policy as to why they are failing in India and becoming an interfering nag into the approach to some laws who have not had an amendment in decades, one such problem also persists with pre-nuptial agreement. The last part of the research shall be to suggest a Pan India model of pre-nuptial agreements in persistence to existing laws in India.

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