The billboard-topping singer Taylor Swift may perhaps say “shake it off” to those speculating whether she has signed a prenup ahead of her July wedding. But the buzz has drawn attention to the “blank space” Indian law has on prenuptial agreements. Prenups are neither recognised nor enforceable under Indian law but the legal panel of Indian Merchants’ Chamber (IMC) Ladies’ Wing has prepared a draft and planned a debate around it with retired Supreme Court Justice Jasti Chelemeswar and former Union minister Smriti Irani on Tuesday in Mumbai.
Growing Relevance Amid Rising Divorce Rates
As divorce rates climb, the concept of prenups appears relevant to some and rash to others. Viewed as a Western concept, lawyers and women’s activists argue that Unified Civil Code under the Constitution provides a window for its entry. Many believe it will ensure couples have a way to outline financial responsibilities, even child maintenance arrangements, before tying the knot and not tie themselves up in knots over assets distribution when a rift happens.
Legal Void and Debate
Indian law currently does not recognize prenuptial agreements, leaving couples without a legal framework to pre-determine asset division. The IMC Ladies’ Wing draft aims to spark a national conversation. The upcoming debate with Justice Chelemeswar and Smriti Irani is expected to explore both sides of the argument.
Arguments For and Against
Proponents argue that prenups can reduce litigation and provide clarity. Opponents fear they may undermine the sanctity of marriage and disproportionately affect women. The discussion is part of a broader push for legal reforms in matrimonial matters.
