Prenuptial Agreement with ADR Clauses: Addressing Power Imbalances and Conflicts Between Couples

Abstract

Marriage is a sacred institution that needs significant sacrifice and dedication from both parties. Marriage is no different from any other type of civil partnership as in this, arguments and disputes inevitably arise, as in any other relationship or bond. Engaging ADR methods like Mediation and Conciliation, in a Prenuptial Agreement can be one strategy to prevent potentially unpleasant legal disputes, post-marriage, which shall be discussed later in chapter. The article supports the inclusion of these tried-and-tested ADR techniques in premarital agreements to be included as clauses, so that the division of assets and liabilities, and other disputable issues can be faced amicably, and resolved legitimately amongst a couple. It may also have potential to envision and resolve if an unforeseen event—such as a marital breakdown—could occur in the future. This article will discuss two important practical aspects. Firstly, ADR Techniques shall be employed to resolve a marital dispute. Secondly incorporating these ADR Techniques, as clauses, in an Agreement planned, accepted and executed by couple before they enter into marital bonding. The main theme of paper, hence is, that any disputes that can develop throughout the marriage or in the future, if has a bare possibility to be anticipated earlier, shall be settled by the parties before (through Prenuptial Agreement), by devising forehand ways (like ADR techniques) to tackle them in future. This article will examine the usage of ADR as a productive method of resolving marital conflicts and the inclusion of ADR procedures in prenuptial agreements. Both the parties to a prenuptial agreement can create a framework for resolving disputes quickly and affordably by incorporating provisions requiring the parties to submit to ADR. The approach outlined in this article involves the parties to engage in mutual consultation to select an Alternative Dispute Resolution (ADR) method and agency. This individual possesses the ability to fulfill the roles of an arbitrator, conciliator, or mediator, which were previously held by the “Bicholia”. We acknowledge the significance of their position by explicitly designating their appointment in the prenuptial agreement. This step ensures that disputes can be resolved in a friendly and expeditious manner, without the need for prolonged legal proceedings, while also promoting the various ADR techniques.