Prenuptial Agreement Reluctance: Concerns for Vulnerable Women

Prenuptial Agreement Reluctance: Concerns for Vulnerable Women

Author: Manasvi Vaid, Student at Symbiosis Law School, Noida

Sceptics of prenuptial agreements might perceive these agreements as potential instruments for husbands to take advantage of their wives. From this perspective, they could highlight that in the context of Indian marriages, wives are generally regarded as having less influence and authority compared to their husbands. The dynamics within many families actually curtail the independence of women when it comes to decisions about their spouse. Alongside this, the perception of women as liabilities within a patriarchal societal framework could heighten the likelihood of husbands pressuring their wives into commencing marital relationships by consenting to agreements that are fundamentally suppressive in essence.

Those who contest the legality of prenuptial agreements on this basis may also contend that even if prenuptial agreement clauses that aim to undermine laws intended to benefit women were legally prohibited from being enforced, there would still be no barrier stopping a husband from taking advantage of his wife and stifling her voice by convincing her that she waived her rights and protections under these laws when she signed the prenuptial agreement. It can be seen as overly optimistic to assume that women will always understand the complexities of the law. This may be especially true for women from less affluent socioeconomic backgrounds or rural areas who lack the education necessary to evaluate the veracity of the husband's claim

Prenuptial agreements may be used improperly to get around laws like the Dowry Prohibition Act of 1961. As an illustration, a wealthy groom might wed a less fortunate woman and demand dowry from her family. Then, to release himself from further claims, he can have her sign a prenuptial agreement saying that the dowry sum is being handed to him voluntarily. This strategy might make it harder for the wife to pursue legal action under the Dowry Prohibition Act. Similar to this, prenups might make it difficult for the woman to distinguish between consenting physical contact and domestic abuse based on the available evidence. These scenarios highlight the importance of carefully examining prenuptial agreements to make sure they don't weaken legal protections or aggravate power disparities.

A presumption against the validity of prenuptial agreements that include clauses that appear to be harmful to the wife's interests on the surface should be introduced to address the possible exploitation of women through prenuptial agreements. If it can be shown that the wife is in a worse negotiating position because of financial instability or other pertinent circumstances, this presumption may be especially significant. This assumption may also apply to contracts with clauses that appear to support or encourage illegal behaviour. Similar to the current rebuttable presumption against the existence of legal intent in domestic agreements, this presumption can be based on the idea that the wife lacks real legal intent and be rebuttable in nature. Adopting such a presumption in some situations and putting the onus on the husband to prove free consent and good faith may theoretically help protect weak ladies from potential prenuptial agreement exploitation. This protection would apply whether or whether these agreements were signed voluntarily or under coercion.