1. PRE-NUPTIAL AGREEMENTS IN INDIA: A
COMPARATIVE ANALYSIS WITH THE USA AND UK
Presented by: Submitted To:
RAJANI KUMARI
Registration ID- 22PLWN006
DR.RITU MEENA
PhD Scholar(Law)
JECRC University, Jaipur
Assistant Professor-1
School of Law,
JECRC UNIVERSITY
2. INTRODUCTION
The concept of pre-nuptial agreements, commonly known as prenups, is often associated with
Western jurisdictions, where these agreements serve as legally binding contracts established
between prospective spouses to outline the management of assets and responsibilities in the
event of a marital breakdown. In recent years, the discussion around prenups has gradually
expanded in India as the country experiences increasing globalization and changing societal
norms. This report examines the legal landscape, societal perceptions, and potential impact of
prenups within India, while also comparing the country’s stance with that of the United
Kingdom and the United States, where pre-nuptial agreements have a more established legal
framework. In the context of India, the enforceability of pre-nuptial agreements remains
complex due to a lack of specific legal provisions directly governing these agreements..
3. Marriage is generally regarded as a sacred institution, primarily regulated under
various personal laws, and pre-nuptial agreements are often perceived as
contravening the cultural values tied to marital commitment. Despite the gradual
modernization of Indian society, cultural norms and social expectations continue to
influence the acceptability and legal standing of pre-nuptial agreements. This section
provides an in-depth analysis of the significance of pre-nuptial agreements in Indian
society and explores how cultural attitudes shape their recognition. In comparison,
both the United Kingdom and the United States provide a robust legal framework
for pre-nuptial agreements.
4. In the United States, the enforceability of prenups varies by state, with specific
requirements that ensure fairness and voluntary consent. Likewise, the United Kingdom
has seen an increase in the popularity of prenups, particularly following the landmark case
of Radmacher v. Granatino, which set a precedent for their enforceability under certain
conditions. This comparative analysis will highlight the key differences and similarities in
the way pre-nuptial agreements are treated in these three jurisdictions. By examining the
legal frameworks and cultural attitudes towards pre-nuptial agreements in India, the UK,
and the USA, this study seeks to foster a deeper understanding of how these agreements
are perceived and applied in different societies.
5. Objectives of study
The objective of this study is to highlight the following issues: -
1. To analyze the legal framework and requirements for the validity of pre-nuptial agreements in India.
2. To examine the social and cultural attitudes influencing the perception and practice of pre-nuptial
agreements in India.
3. To compare the legal frameworks and practices of pre-nuptial agreements in India, the UK, and the
USA.
4. To assess the benefits and risks of pre-nuptial agreements in India, focusing on asset protection,
fairness, and social justice.
5. To provide actionable recommendations for better understanding and practice of pre nuptial agreements
in India.
6. Research Methodology Adopted
• This study adopts a doctrinal research methodology, focusing on a thorough examination of
existing laws, judicial precedents, and scholarly literature relevant to pre-nuptial agreements in
India, the United Kingdom, and the United States. Doctrinal research enables a comprehensive
understanding of the legal frameworks and theoretical underpinnings related to prenups and
facilitates a comparative analysis of how these agreements are interpreted across jurisdictions.
Additionally, the study involves a socio-legal perspective to explore cultural attitudes towards pre-
nuptial agreements in India, utilizing secondary sources such as surveys, academic articles, and
case law analysis.
7. Literature Review
• Mohammed Ujjainwala & Dr. S. Mukundrajan (2024): Pre-Nupital Agreement and live-in Relationship: In
this article authors concluded that The world of today is not identical as the world of just a few years ago.
Everything changes as time goes on, and people mature as well. It is absolutely necessary for everyone to
have a funda mental comprehension of concepts like marriage, friendship, sexuality, and compan ionship in
order to discuss the state of the community today. They should also have a thorough understanding of both the
history and the present state of the world. given that the present is a product of the past.
• Ananya Singh (2023): International Prenuptial Agreements: A Global Perspective: Prenuptial agreements
are contracts that specify the rights and duties of the spouses that accrue generally in the event of the
dissolution of marriage either by death or divorce. These agreements are entered by the couples before they
get mar ried. In today’s world, the client’s relationships and wealth are not just confined to a single nation and
thus, it makes the concept of cross-border prenuptial agreements significantly important.
8. • Radmacher v Granatino (2010) UKSC 42: A Turning Point for Pre-Nuptial Agreements in the UK
Cambridge Law Review, 22(3), 178-199: Lady Hale was the writer of the judgment in MacLeod,
which held that pre-nuptial agreements were not contract. She is known for her outspoken advocacy
for feminism, as seen from her split from the majority in this case. In France and Germany, where
the couple also owned properties, pre-nuptial and post-nuptial agreements are enforceable
• Hirsch, M. (2020). "Pre-Nuptial Agreements in the United States: A State-by State Analysis"
American Family Law Journal, 35(1), 89-121; Family court judges in the U.S. have significant
discretion in interpreting and enforcing pre-nuptial agreements. Factors such as changes in
circumstances, the presence of unconscionable terms, or lack of proper disclosure can influence a
court's decision to uphold or invalidate an agreement.
9. • Anand, P. (2021). "Pre-Nuptial Agreements and Indian Matrimonial Laws: A Comparative
Perspective" South Asian Law Review, 9(4), 233-250. Feminist legal scholars argue that while pre-
nuptial agreements can provide clarity and financial se curity, they must be approached with caution.
Ensuring equitable negotiation process es, recognizing non-financial contributions, and safeguarding
genuine consent are es sential to prevent the reinforcement of gendered power imbalances within marital
relationships.
• Brown, K. (2019). "Gender and Power Dynamics in Pre-Nuptial Agreements" Feminist Legal
Studies, 27(2), 312-336. Pre-nuptial agreements, commonly known as "prenups," are contracts entered
into by couples before marriage to outline the distribution of assets and financial responsibilities in the
event of divorce or death. While these agreements can offer clarity and financial security, they also raise
concerns about gender and power dynamics within marital relationships.
10. Progress of Research Work
• Over the past six months, the researcher has submitted the second progress report for
this period and presented it before the Research Advisory Committee (RAC), which has
approved the report.
• Researcher attended an International Conference on “The Future of Law: Emerging
Technologies and legal Innovation” was held on January 8-10, 2025 on virtual mode at
Manipal University, Jaipur, Raj.
• Researcher visited Library, Pt. DDU, Sikar, Raj.
• Researcher collected the research material for 2nd objective titled as to examine the
social and cultural attitudes influencing the perception and practice of pre-nuptial
agreements in India.
11. • Researcher collected the research material for 2nd objective titled as to examine
the social and cultural attitudes influencing the perception and practice of pre-
nuptial agreements in India.
• The researcher is also working on a first research paper titled “The Role of Pre
Nuptial Agreements in Protecting Spousal Rights in India” and will present it to
the guide for review once completed.
• Furthermore, the researcher has written a seminar paper on the topic "Pre-nuptial
Agreements away forward to avoid family dispute” which is in the editing phase.
Once completed, it will be shared with the guide for review.
12. Tentative Work Plan
• The Researcher will write the paper for publication in reputed National &
International Scopus or web science Journals.
• Researcher will attend one month online certificate course titled on “Legal
Research” which was conducted by Dhirajlal Talakvhand Sankalachand shah
College of Law, Mumbai
• The researcher plans to work on third objective titled as to compare the legal
framework and practice of pre-nuptial agreements in India the UK and USA.
• Additionally, the researcher will work on the first seminar topic, “Pre-nuptial
Agreements a way forward to avoid family dispute”.
13. TENTATIVE CHAPTERIZATION
• CHAPTER 1: INTRODUCTION
• 1.1 Concept of Marriage and Financial Arrangements
• 1.2 Evolution of Pre-Nuptial Agreements
• 1.3 Relevance and Importance of Pre-Nuptial Agreements
• 1.4 Research Objectives and Scope
• 1.5 Methodology and Research Questions
• 1.6 Structure of the Study
14. • CHAPTER 2: LEGAL FRAMEWORK OF PRE-NUPTIAL AGREEMENTS IN
INDIA
• 2.1. Historical and Socio-Legal Perspective
• 2.2 Marriage Laws in India and Their Impact on Pre-Nuptial Agreements
• 2.3 Contractual Validity and Enforceability under Indian Law
• 2.4. Judicial Precedents and Case Laws in India
• 2.5. Challenges and Criticism of Pre-Nuptial Agreements in India
15. • CHAPTER 3: PRE-NUPTIAL AGREEMENTS IN THE USA
• 3.1 Legal Recognition and Framework in the USA
• 3.2 Uniform Premarital Agreement Act (UPAA) and State Variations
• 3.3 Judicial Trends and Landmark Cases in the USA
• 3.4 Key Clauses and Common Provisions in US Pre-Nuptial Agreements
• 3.5 Advantages and Challenges of Pre-Nuptial Agreements in the USA
16. • CHAPTER 4: PRE-NUPTIAL AGREEMENTS IN THE UK
• 4.1 Evolution and Legal Status of Pre-Nuptial Agreements in the UK
• 4.2 Leading Case Laws and Judicial Approach (Radmacher v. Granatino &
Others)
• 4.3 Role of the Matrimonial Causes Act, 1973
• 4.4. Drafting Essentials and Key Components of UK Pre-Nups
• 4.5 Pros and Cons of Pre-Nuptial Agreements in the UK
17. • CHAPTER 5: COMPARATIVE ANALYSIS OF INDIA, USA, AND UK
• 5.1 Legal Recognition and Enforceability: A Comparative Perspective
• 5.2 Judicial Attitude and Landmark Rulings in Three Jurisdictions
• 5.3 Cultural and Social Acceptance of Pre-Nuptial Agreements
• 5.4 Protection of Spousal Rights and Financial Security
• 5.5 Lessons India Can Learn from USA and UK
18. • CHAPTER 6: FUTURE PROSPECTS AND REFORMS IN INDIA
• 6.1 Need for Legal Recognition of Pre-Nuptial Agreements in India
• 6.2. Policy Recommendations and Legislative Suggestions
• 6.3 Harmonization with Global Legal Standards
• 6.4 Role of Judiciary in Recognizing Pre-Nuptial Agreements
• 6.5 Future Trends and Conclusion
