Seeking a divorce settlement, where to begin?

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When both couples are mutually agreed to obtain divorce, then it would be better to obtain divorce by the way of mutual consent as obtaining divorce in India is more time consumed process and involves lot of hurdles.  Settlement between the parties may provide a quick solution for divorce as well as permanent relief from the previous marriage.

There are different aspects to be looked into while proceeding for settlement in divorce proceedings such as child custody, financial support for both mother and child (if child is with mother) from husband, and property distribution.

  • Child custody :  Parties should come to the decision with whom the child should grow and also require to discuss about the visitation of father for child. Financial support from the husband for both the mother and child should be discussed extensively by both parties and should come to a conclusion.  Court upon hearing the settlement proposal may first look into the financial position of each parties and their skills in parenting will be monitored closely, upon such scrutiny the court may grant child custody to the eligible parent. Usually, minor child custody will be granted to the mother whereas older children custody depends on factors such as age, and sex of child.  Expenses for the child should be discussed between the parties and to obtain the order accordingly.
  • Alimony: Alimony is the permanent financial support given by husband to wife by the way of Court order.  Parties need to come to the conclusion about the permanent maintenance after the divorce by the husband to his wife in divorce proceedings.  Court after seeing circumstances such as financial positions of each party, duration of the marriage, and, fix the alimony, as a maintenance award along with main decree of matrimonial relief.
  • The other main aspect is that division of joint properties, both movable and immovable, purchased with earnings or loan obtained by both parties.  Parties first of all should know the current market value of each party and accordingly should distribute their share with the assistance of the Court. Wife is entitled to take back the articles that brought to the matrimonial house at the time of marriage such as jewelry, and household items and other things.  Joint movable properties purchased such as securities, motor cycles, cars, and other electronic goods.
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Please note that parties required to think for long term while considering the settlement in divorce proceedings.

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 by Anitha Gutti.