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Advice on Divorce


Divorce settlement advice

Though it takes more than a signed divorce decree to rebuild your life, a divorce settlement is the base of this new foundation. You cannot just cut-off your previous life. Divorce settlement agreement deals with many issues regarding your financial stability after divorce and shouldn’t be taken casually, especially for non-working women in India who are usually at the receiving end.

Though your emotions are in turmoil, you need to evaluate your marital assets. Here are some advices on how to get a divorce settlement with all aspects considered and cross-checked.

·         Child custody and child support

Each parent has every right to claim child custody and fight for it. Court would however grant the custody to the most deserving parent evaluating the financial security and parenting skill of the parent. Minor child custody is handed to mother while older children custody is sought on number of factors like age and sex of child. Women often are emotionally overwhelmed by being able to keep the child that they often overlook the child support they would need in future. Child support should be discussed in details to evaluate the expenses in bringing up a child.

·         Alimony

Financial settlement involves varied complex laws and aspects like income, bank statements, retirement plan, insurance policies, credit accounts, tax impacts and so on. Women in India do not keep track of finances during their marriage and hence are often unaware of her husband’s actual resources and are forced to settle for bare minimum. Alimony or financial support depends on financial status of both, the future requirement of each, earning capability, who is to receive alimony and future marital status of both.

·         Property distribution

Marital home is the biggest property that is fought over during divorce settlement. Who will keep it? However, more important question to ask is what is its current value and can you pay for its maintenance? In India, if the couple is residing with the husband’s family and the property is on husband’s parents’ name then wife has no claim on it. However, in urban India now couples live separately from the family and it may be possible that house is on a joint loan. Women in India, especially non-working, should think hard about affording the property before investing in time and money in fighting for it. You should consider other properties as well such as vehicles, business, securities like stocks, mutual funds, valuable collectibles and household items like electronics or jewellery. You shouldn’t prolong the battle fighting for unnecessary items.

Properties are evaluated at current market value and divided, if not mutually agreed upon, by considering the contribution of each spouse in building it. Women in India are entitled to keep all articles that she claims to brought during marriage from her parents or on her own.

One should avoid following mistakes while considering divorce settlement

·         Never settle for termination date for alimony if the court doesn’t demand it.

·         Plan for child support for as long as you think you will need it. Your child is an equal responsibility for each parent and you must ask for it.

·         Never sign divorce settlement papers without carefully examining the contents and understanding its implications.

Following the guidelines of divorce settlement and you can plan systematically on important aspects of divorce.



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