How to Achieve a fair Divorce Settlement

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.