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Conflicts happen in relationships; some couples survive and compromise and some don’t. It’s unfortunate at times when a marriage ends, there are various reasons, and it happens in order to move on to better things. Jennifer Weiner, a novelist quotes “Divorce isn’t such a tragedy. A tragedy’s staying in an unhappy marriage.”
When the intelligent few realize this, they instead of washing dirty linin in public prefer a peaceful route to part ways initiating divorce by mutual consent. But then, its also observed that one spouse in a mutual divorce is at losing end, only because he/she fears the litigation is painful and may impact adversely to his/her prestige in the society, or other priorities. Every individual carries his / her own thinking traps and at times suffers unable to protect their legal interests.
This blog post highlights what steps needs to be taken before you initiate the divorce dialogue and ensure your rights are not infringed and legal interest are protected
- Legal Notice: Make it very clear to the opposite party sending out a legal notice to come forward for a discussion at a neutral venue in presence of a lawyer to initiate a dialogue and reduce the terms and conditions in writing. Such should be written by your legal advisor.
Note: Women, or the parents and siblings of the Girl/Wife, who take emotional decision and send messages on WhatsApp, SMS, Email or discuss Alimony demands in the absence of the Legal Advisor / Lawyer have framed and face legal action for Extortion under section 383 that attracts a punishment under section 389 of IPC, imprisonment extending to 10 years and also for a life term in some cases along with fine. - Memorandum of Understanding: Once both parties agree to proceed with the terms and conditions, though not a mandatory step, but to protect your legal interests ensure a MOU is drafted and registered.
- Drafting and Filing the Papers: Ensure all the terms and conditions agreed are well drafted in legal language leaving no room for any contingent point to be contested later. You can avail services from the Best Family Lawyers in Bangalore who carry rich expertise and experience in Family Law to draft your divorce papers.
- Terms and Conditions: Its extremely important to safeguard your legal rights and interests to ensure all Terms and Conditions are well drafted, its is often observed that the parties don’t see long term implications and although divorced may end up knocking the doors of the courts again when a conflict arises later in life and such a point is not covered in the divorce draft. Its crucial to select a well-qualified experienced advocate with specialization in Family Law to guide you protect your interests
- Movable and Immovable Property
- Sthreedhan (Jewellery / Ornaments that belongs to the Wife)
- Child Custody
- Visitation Rights of the Child
- NOC for Travel of the Child with Parent post-divorce. (Passport / Visa)
- Outstanding EMIs and Loan closures
- Closure of Joint Accounts at the Bank
- Alimony and Maintenance clause
- Not filing any case oversees / India after divorce
- Not using any Joint Photograph in Future
- No Defamation by any party or parents or relative’s post-divorce
- Closure of Joint partnerships / companies etc… if any
- Clearance of all Joint Tax Liabilities if any
- Release of all Joint Properties if such a clause to be invoked
- Child Support related clauses, terms and conditions
- Conditions related to stop spousal support in case of remarriage
- Conditions related to Grand parents’ rights on visiting the child
- Condition related to inheritance of assets of the child
- Conditions related to adoption of child by Step Parent in case either of the spouse remarries
- Termination of Marriage Certificate at the Marriage Registrars office
- Removal or Continuance of Names / Nominees from joint transactions and joint assets like Mutual Funds, Stocks, Insurance, Provident Fund, Pension etc…
- Withdrawal of cases against each other if such a litigation is ongoing
- Quashing of Criminal complaint if any that is in pendency before divorce.
- Closure / Cancellation of any Pre-Nuptial agreements if you have got into. Mostly applicable for NRIs
- Removal of Travel Ban / Travel Restriction orders or any Anti Suit Injections filed before Divorce. Mostly Applicable for NRIs.
- Other Miscellaneous depending on the circumstances
- Waiver of Cooling Period: For couple who are married for more than two years, the court on an application of Waiver along with the divorce petition can be filed to fast track the case, in that event, the time line which is otherwise 6 Months to complete the mutual consent divorce gets over in less than 6 weeks or at times earlier too.
Some Important points to keep in mind:
- Mutual Consent Divorce is applicable to citizens of India and Oversees Indians or NRIs under Hindu Marriage Act, Christian Marriage Act and Special Marriage Act or Foreign Marriage Act.
- If you are professing Islam and have registered your marriage under Muslim Marriage Act, the Standard Mutual Consent Divorce Procedure is not applicable, there is an alternate procedure that needs to be followed to get Divorce. You may refer the post on How Muslims can Get Mutual Consent Divorce in India.
- Following Documents are required to process divorce by mutual consent
- Marriage Invitation Card
- Marriage Ceremony Photographs
- Marriage Certificate
- Church Certificate if Christians
- Address Proof (Aadhar Card, Driving Licence, Voter ID, Passport, Bank Passbook / Bank Statement, Landline Telephone Bill, Electricity Bill, Gas Connection Bill). [Note: Rent Agreement is not applicable as address proof]
Feel free to write to us at mail@lawyersonia.com or call at +91 9845944896 if you wish to consult or discuss your matter.
Sonia and Partners is a Boutique law firm led by Adv. Sonia Rajesh supported by a team of qualified and among the Best Lawyers in Bangalore practicing in the area of Family Law and Criminal defence serving Citizens of India, Overseas Indians, NRIs and Global International Clients.
