How Can You Protect Your Interests In A Mutual Divorce Agreement?

While a divorce can be very challenging and painful, especially where one seeks a combative stand, going for mutual grounds of divorce provides a better option for separation. Section 13B of the Hindu Marriage Act, 1955, or equivalent provisions under other personal laws provides for cases where both parties to the marriage wish to part on concordant terms; this is known as a mutual consent divorce in India. The process is however make to be straightforward and uncomplicated; it is essential to see that one’s interests are adequately protect. 

Mutual Divorce in India

A mutual divorce is initiate when both partners feel that they can no longer stay together and there is a consensus to end the marriage. The term “separate” doesn’t always mean that the parties are living in different wooden structures. However, the law mandates that the parties, the subject of the divorce petition, must have been separate for at least one calendar year before the application is file. This may mean that the couple has been living under the same roof but there is no marriage.

The process of mutual consent divorce is normally associate with two motions:

• The first motion is filing the first joint application to the Family Court.
• The second motion is when the court allows the parties to finalize the application after the period known as “cooling-off” which is usually six months but the court is at liberty to allow it in certain cases.

The court will never decree a mutual divorce without the couples reaching an agreement concerning all consequential issues including, maintenance, child care, sharing of property, and debts. Therefore, it becomes very important to protect oneself during such situations.

Protecting Interests in a Mutual Divorce Agreement

Hire a Competent Divorce Lawyer

One of the initial measures to take to safeguard your interests would be to hire an experienced divorce attorney who is well-verse in family law. Even though divorces by mutual consent are not so contentious, a lot of legal issues are still present, particularly on the division of assets, child custody arrangements, and financial agreements. A good lawyer is capable of doing the following:

• Review the divorce decree to ensure it is legal and fair.
• Counsel on what is a fair scope of compromise.
• Ensure that none of your legal rights are violate.

Understand Your Legal Rights

Being aware of your legal rights can help you avoid any unjust consequences. Some important legal factors to take into account in India are as follows:

• Alimony, or spousal support as it is more commonly refer to, is the amount a spouse pays to the other spouse. There is no specific element that can measure that amount; rather that is, how long the marriage lasted, the positions of the parties in the society, ages, health, and conduct of the two. If you understand the degrees of what is rightfully yours or what should be pay, then it becomes easier to bargain a fair share of the settlement.
• The welfare of the child is of primary consideration in determining custody arrangements under the laws of India. It is also important to develop a custodial and visitation arrangement that is the most appropriate for the child while permitting sufficient access to both parents.
• An equitable settlement should include consideration of how the assets are divide especially where both couples have contributed either in monetary terms or otherwise. This is in spite of the fact that Indian laws do not provide for the automatic creation of joint ownership of properties acquired by the couple during marriage.

Negotiate a Fair Alimony Settlement

The issue of maintenance, or alimony, also known as spousal support, is undoubtedly one of the most crucial aspects in the event of a divorce, especially if one spouse depends on the other’s financial support. Alimony can be set in a variety of forms, and its terms can be agree mutually, such as: 

• A lump sum is the total amount that all disputes will be settle and paid to the recipient in one payment.
• Alimony may include a fix sum that is pay at certain intervals regularly by one spouse to another.
• In certain circumstances, the partners may choose to waive any claims for spousal support.

Draft a Detailed Settlement Agreement

A mutual divorce can only be grant where the court is satisfy with the fairness of the settlement agreement and all factors have been dealt with. The following should be cover in a comprehensive settlement agreement. 

• Describe all movable and immovable property divisions. 
• Specify the amount, the mode of payment,t and other provisions on alimony or maintenance clearly and specifically. 
• Propose legal and physical custody arrangements of a child, visitation periods, and changes if any to be make in the future. 
• Specify who takes responsibility for ongoing debts and loans. 
• Explain any other terms which have been reach by the parties including health plans or children’s education expenses.

Finalizing of Divorce

Upon reaching a consensus over the settlement terms, the agreement comprises the following steps: 

• A joint petition for divorce by mutual consent is to be file during the first motion hearing. 
• It can be prescribe in exceptional circumstances but the law stipulates a waiting period of six months. 
• If the court confirms that the parties still agree to the divorce following the cooling-off period, a divorce will be issue. 
• To avoid complications, ensure compliance with all provisions of the settlement agreement before the second motion hearing.

One can talk to a lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtain at Lead India. Along with receiving free legal advice online, one can also ask legal questions to the experts online for free through Lead India.