Getting Divorced
Getting Divorced can be a daunting and stressful experience, not only emotionally but also legally. It’s essential to know your legal rights to ensure that you get a fair and just settlement. This blog will discuss three legal rights you should know if you are getting divorced.
The Right to an Equitable Distribution of Marital Property
In India, the right to an equitable distribution of marital property is governed by the Hindu Marriage Act of 1955. Under this act, any property acquired during the marriage, whether by one or both spouses, is considered marital property and is subject to division in the event of a divorce.
It’s important to note that property acquired before the marriage or inherited or gifted to one spouse during the marriage is generally considered separate property and not subject to division. However, if separate property is commingled with marital property or used for the benefit of the marriage, it may become subject to division.
When dividing marital property, the court will consider various factors such as the length of the marriage, the contributions of each spouse to the marriage, and the earning potential of each spouse. The court may also consider any prenuptial agreements signed before the marriage.
It’s important to note that an equitable distribution of marital property does not necessarily mean an equal distribution. The court may award a larger share of the property to one spouse based on various factors such as each spouse’s needs, financial situation, and any financial misconduct such as hiding or transferring assets to avoid division.
The Right to Alimony
In India, alimony is also known as maintenance, and it is a legal right that a spouse can claim during a divorce. Under the Hindu Marriage Act of 1955, the Special Marriage Act of 1954, and the Indian Divorce Act of 1869, either spouse can claim maintenance from the other spouse during and after the divorce proceedings.
The right to alimony in India is based on the principle of providing financial support to spouse who is unable to support themselves. This could be due to various reasons, such as the spouse’s lack of education or skills or the spouse being a homemaker and
Need a source of income. Alimony is not limited to just women, as even men can claim maintenance from their wives if they cannot support themselves.
The amount of alimony that can be awarded depends on various factors, such as the income and assets of both spouses, the standard of living during the marriage, and the needs of the spouse claiming maintenance. The court may also consider other factors, such as both spouses’ age, health, and employment status.
It’s important to note that alimony is not a one-time payment but a regular payment made either monthly, quarterly, or annually, depending on the court’s order. The duration of the alimony also varies and may be for a limited period or the spouse’s lifetime.
The Right to Child Custody and Support
In India, the right to child custody and support is a basic legal right for parents going through a divorce. The custody of a child refers to the right of a parent to make crucial decisions for the child, such as their education, healthcare, religion, and where the child will live. Child support, on the other hand, refers to the financial support provided by one parent to the other for the upbringing and maintenance of the child.
Child custody and support laws in India are governed by the Guardians and Wards Act 1890 and the Hindu Minority and Guardianship Act 1956, which apply to Hindu families. The Guardians and Wards Act allows parents to seek custody of their children, and the court will make decisions based on the child’s best interests. Factors such as the child’s age, gender, health, and overall well-being will be considered when making a custody decision.
Joint custody means that both parents will have equal rights and responsibilities when making decisions for the child. In cases where both parents are deemed fit to care for the child, joint custody may be awarded. In cases where one parent is deemed unfit or incapable of caring for the child, sole custody may be awarded to the other parent.
Child support in India is typically awarded to the parent with child custody. The amount of child support is determined based on the child’s needs, the parent’s income, and other relevant factors. In cases where the parent responsible for paying child support fails to do so, legal action can be taken to enforce the payment.
Conclusion
Getting divorced can be a challenging experience, but knowing your legal rights can help make the process easier. Suppose you are considering divorce or are in the process of getting divorced. In that case, it’s essential to contact a qualified and experienced divorce lawyer to help you navigate the legal complexities of divorce.
Aranlaw Associates is a leading divorce law firm that can provide you with expert legal advice and representation. Contact them today to schedule a consultation and learn more about your legal rights during a divorce.
