Delhi family courts emphasises making prenuptial agreements mandatory before marriage: All you need to know about prenups

In a recent divorce case in Delhi’s family court, Judge Harish Kumar emphasized the importance of making prenuptial agreements mandatory before marriage. The court was presiding over the divorce proceedings of a couple who had tied the knot in Uttar Pradesh back in 2011. Despite both parties accusing each other of cruelty, they had refused to divorce by mutual consent.

Judge Kumar underscored the need for compulsory prenuptial agreements, which should be executed before an appointed authority after counseling the prospective spouses about the potential risks associated with marriage. The aim is to create awareness of the complexities that may lead to marital issues. Additionally, the court proposed that it should be mandatory to report any breaches of the prenuptial agreement every time such a breach occurs, making it clear that failure to report such breaches would forfeit the right to seek legal redress in the future.

The court’s observations noted that the couple’s marital discord had surfaced early on, even before the birth of their child in 2014. These differences had exceeded their ability to tolerate them, prompting them to seek assistance from various authorities in an attempt to address their grievances.