Is the mutual divorce agreement unfair to my sister's rights?
The agreement for mutual divorce prepared by the lawyer is in favor of her husband and does not favor my sister in any way. The agreement states that no inherited property will be demanded in the future, no maintenance or alimony will be given, and child custody will be borne by my sister as she is capable. My sister is a teacher with no pension or medical facilities, whereas her husband is an engineer who earns very well and has all the benefits provided by his company. Our parents have been taking care of her child since he was one year old, and now the child is 11 years old. Not a single responsibility has been taken by her husband towards her or the child. She also tried to live with her husband and his family as per the family court's suggestion, but they ill-treated her mentally and physically, and created situations that were not favorable to her. She has been taking care of the child as a single parent with no support.
Your sister should take this matter to court as there's a case for challenging this mutual divorce agreement. She being the main caregiver and husband being negligent, she could demand more maintenance, alimony, and a better deal regarding child custody. The interest of the child comes first, and her economic status is that of a teacher without any benefits, which could be taken into account by the court. Documenting husband's neglect and her efforts toward keeping the household will work for her. Filing modification of agreement in court might bring more justice to her cause.
Considering her weak financial condition and the irresponsible attitude of the husband, she should consult a family law attorney to challenge the agreement on the grounds of being unfair. Courts analyze such agreements for fairness and reject those that are unduly in favor of one party. She can also seek changes in the issues of child custody and support, considering she has been the main carer. Documenting her husband's negligence and her own efforts will make a great case in court.
Sir, if it is mutual, consent is given by your sister. If she agrees to the terms, then it is a mutual divorce agreement. However, if you have any objections, you can discuss them with your sister and decide whether to proceed with mutual divorce or file for contested divorce. For further legal assistance contact us on our helpline number.
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