Divorce is painful, as it causes an emotional tremor to both
the spouses. There are numerous factors that determine justice in the property
division. Though “divorce settlement” term is quite vast, it is important for it
to be fair.
This never does easily as it revolves around family and
children. If the things are not going as expected, you must discuss it with
your lawyers. Also, having a detailed discussion can sort out the problem.
Also, never be furious about it, as this will create many hassles in the case.
Here are major aspects on which divorce settlement revolves:
·
Child
custody or the parenting time by every spouse.
·
Children
school/tuition fee, child support and other.
·
Alimony,
maintenance, female spouse support,
·
Division
of assets, properties, liabilities or property of one spouse (usually the male)
A divorce settlement is a legal document that determines the
fair division of property during the process of divorce. The major purpose of the
settlement agreement is resolving all related aspects such as child custody,
alimony, maintenance and more. Here below we are providing a complete guide to a
fair divorce settlement that will help you secure your future financially.
1. Try to be practical:
The foremost thing you need to consider is following a
strictly practical approach. So, it is advisable to keep the grief and pain of
separation at bay and does not flow in emotions when it comes to settlement,
Also, keeping calm attitude will help you tackle things in a better way.
Instead of getting hyper and making random demands calculate the property or
possession you deserve; no more no less. This will help you make a fair
settlement. Do not let the anxiety, fear or despair overpower you. Also,
consult with a lawyer before signing the divorce settlement agreement.
2. Be aware of your rights:
There are separate divorce laws for each and every community
in India, hence during the process of divorce and settlement, know the rights
your respective law provides. The rights usually vary for male and female
partner, so keep a strong grip over the topic and speak for yourself if you
find something being unfair in the settlement.
The Hindu marriage act in India provides three provisions of
alimony namely; a lump sum payment, monthly allowance or both in some of the
cases. The law is possible reversibly, as the non-earning husband is likely to
get the amount from earning wife. But there is no clear explanation of fair
settlement as it differs in every case.
3. Child custody:
The most important aspect of a divorce is Child custody as children are dear to
both husband and wife in most of the cases, and they both claim their right to
keep them, but the court considers various aspects before deciding the
full-time guardian. Child custody is the most sensitive
topic of the divorce settlement. This topic usually becomes the major dispute
as resolving it can be pretty hard. So, one must consider all the related
factors, such as age, gender, and will of the child to settle the child custody
argument.
One must discuss their case with child custody lawyers to settle out the matter. The involvement of
an expert lawyer in your case can increase the chances of the best settlement
to a great extent.
4. Keep all documents ready
For a fair divorce settlement, you need to keep all the
proofs ready so that you can get your share without any struggle. This way you
can present the real picture of the household materials, settlement amount,
real-estate property, vehicles and more. To get your share you need to present
the proof of net worth. The documents will also include income tax returns,
mobile phones, credit cards, club and hotel bills and more. You need to be true
to your statement while demoing a share and do not have an unrealistic
expectation or idea as you are going to get as per the net possessions of your
spouse.
5. Property distribution:
If you are living with in-laws and the property is not on
the name of husband but the parents of the husband are owners the wife cannot
claim it. But if you both are living separately and has a house on a joint
loan, you can claim your share. So, instead of wasting your time on what
doesn’t belongs to you, it is advisable to consider other property such as
business, stock, income, electronic, jewelry, mutual funds and more. Do not
keep your eye on unnecessary items and bargain, but keep a clear idea of the
property you can claim. For this, you can consult with Divorce Lawyer in Delhi and get a piece of unbiased and benefiting advice.
Here you can get a list of all assets you can claim, and how you need to
convince the court as well as your spouse for it.
Few other important tips:
·
If the court doesn’t demand any termination date
for settlement, do not ask for it.
·
While claiming the child support, plan for till
the time you will be able to keep the children. The children/child is equal
responsibility of both parents
·
Read the settlement papers carefully, before you
sign it. Make sure you thoroughly examine the terms and their implication.
There are several Law firms in Delhi which can help you achieve the fair settlement in your
divorce case. The experts will help you understand the basics of the case. Also,
you will be guided through various legal terms and their application.
