Read what the lawyers in Delhi have to advice about divorce.

 

As per a Supreme Court advocate in Delhi, divorce still remains a social taboo in India. Couples often tend to neglect things and continue to do so, sometimes because of social and family pressure.

 

Divorce is a natural process as well as the solemnization of marriage in the 21st century when Indian homosexual marriages were declared legal, and it is important to understand that a couple decides to divorce legally lead their own lives.

 

However, it is also important to know that there is another way in which a couple decides not to imply real law and long procedures of divorce by meeting lawyers in Delhi.

 

Current couples of this generation are well aware of their rights and duties and know that a couple can also legally separate themselves in other ways. This article explains how a couple can separate themselves legally.

 

 However, the legal enforceability of these agreements is normally debatable, and therefore it is necessary to talk and know about such agreements with advocates in Delhi. 

 

Agreements regarding separation

 

As the name implies, separation agreements are post-matrimonial agreements, where a couple decides to separate their ways mutually without any judicial intervention. The couple thus divides their ways without a divorce petition or a judicial separation decree.

 

One of the most important things with regard to separation agreements is that they are signed after the marriage union. These pairs decide the issue of maintenance, property division, and child custody without any kind of judicial intervention because such arrangements have to be drafted after the solemnization of marriage.

 

In India, however, a separation agreement is considered to be against public policy. Therefore, such an agreement is not taken into consideration by the lawyers in Delhi.

 

Validity

 

A separation agreement, in simple language, does not have a plausible basis for the validity or enforceability of Indian law. In various cases, therefore, the Indian court excluded the option of a husband-wife separation agreement.

 

Most cases of separation agreements in Indian courts are cases in which Indian pairs are staying in foreign countries for a substantial period of time. This is because the Western world usually adopts this concept of separation agreements.

 

 The Hindu law on separation remains archaic. Since it says that marriage is not merely a contract but is also a sacrament in this law, and married parties’ rights and duties shall only be governed by the law and cannot be varied by their consent.

 

Very important clauses

 

Initial Clauses

 

The provisions are part of the implementation of an agreement. It covers general provisions such as the contract date, name of the husband and wife, description of the property. All of these are included in the introductory clause. Information concerning the parties, including their salaries, revenues, and professions are also required.

 

The provisions of this clause generally collect all information relating both to all the properties owned by a couple individually or together with them as a house, bank, car, account, etc. The detailed information of the family property must be provided for.

 

Clause for maintenance

 

In any agreement, it is one of the most important provisions. In a separation agreement, the maintenance clause should be carefully designed. In a maintenance clause, things to be considered are facts which includes questions such as who pays for maintenance, the husband or the wife who is financially stable.

 

The issues relate to what the maintenance amount depends on both the husband and the wife's financial stability. There are many different questions when a maintenance clause is considered since it covers different aspects to be considered.

 

It is important to be very careful when drafting a maintenance clause. It must be noted that the clause should be so that no existing legislation or public policy is opposed. This clause also covers questions such as the maintenance schedule, the conditions for stopping the flow maintenance, etc.

 

 

Custody of the child

 

A couple never chooses to divorce is because of their children, one of the biggest reasons. A child in a marriage is a huge step for people who seek divorce when a child has a lot to be done for by a single parent. However, if a few agree to a separation agreement, then the Child Custody clause needs to be discussed. This clause discusses the issue of childcare and upliftment. This clause solves the problem of the child's financial growth.

 

Vehicle possession

 

They agree that each party shall maintain all vehicles currently in the possession of the individual including but not limited to cars or leisure vehicles, and shall provide any necessary documents to make changes in their record ownership and to reflect any changes in their ownership.

 

Splitting the property

 

The clause on property division into a separation agreement divides up the husband and wife's personal property that was not separated between them already. There are a variety of things here. Property both mobile (vehicle, gemstone, etc.) and real estate like a house. The best examples of property division are vehicle or retirement benefits.

 

Benefits after retirement

 

Both the husband and the wife agree to exempt each other from any rights in another's pension. All other different retirement accounts that are maintained and held individually will remain the spouse's separate property on whose behalf the property is now held.

 

Clause for full disclosure

 

This clause is normally mentioned in every agreement and is like a husband-and-wife undertaking, that no important or material debt or any other asset has been unintentionally or intentionally masked. This clause helps not to hide anything from both parties.

 

John Mani V is one of the underrated supreme court lawyers in Delhi who has been successful in gaining a rich experience in this field and has been able to set up a team in Kochi where he has associates who provide excellent legal services to local and global clients with superior results, serving to domestic and international customers. 

 

His law firm is dedicated to its domestic and international clients in the area of legal services. They have a versatile and efficient team of specially trained lawyers who have unique experience in their specific field of law.

 

 His team provides legal services for civil and family, criminal cases. Their lawyers offer their clients extensive legal services under any area of law and before any court of law.

 

There are many advocates in Delhi and let me tell you it is not an easy affair to be a Supreme Court advocate in Delhi. John Mani V understands the fears and doubts clients face and has been successful in hand-holding them so that they lead their lives peacefully.