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Divorce Papers: Meaning of Divorce Settlement Agreement

 

 

What is the Meaning of Divorce Papers?

Generally term Divorce papers refers to a Divorcee Settlement Agreement which is an arrangement/consensus reached between both the parties who seek uncontested divorces vide mutual understanding. It is generally being defined as financial or business proceedings between two parties who seeks divorcee to divide property, assets or any other debts of a marriage. It also defines the rights of both parties, and settles issues related to child custody, alimony or other issues, if any.

Issues that Covers Under Divorcee Settlement Agreement

  • Issues related to Child custody and visitation right;
  • Issues related to spouse support and child support after divorce;
  • Issues related to segregation of property/estate
  • Issues related to splitting of assets and other household valuables or chores.
  • Issue related to Clearance or repayment of debt, if any to be divided between the parties
  • Issue related to any credit or health care problem, etc.

Important Legislations Under Which Uncontested Divorce Can Be Filed

  • Section 13B of the Hindu Marriage Act, 1955 (applicable to all Hindus, Jains, Sikhs) mandates a period of separation of 1 year ,
  • Section 28 of the Special Marriage Act, 1954 ( applicable to all marriages between parties belonging to different religions, castes, NRI’s etc) mandates a period of separation of more than one year,
  • Section 10 A of the Indian Divorce Act for Christian Couples mandates a period of separation of two years.

Preconditions before filing Divorce By Mutual Consent

  • • Before heading forward to file the petition for Divorce by Mutual Consent, it is advisable to mutually get certain things clarified between the parties by putting them in writing in order to avoid any future discrepancies. Since the divorce is amicable and mutually applied for by both parties, it is very essential to mutually decide upon solving issues pertaining to child custody, child maintenance, joint property, alimony, other joint assets, and many more. Since these issues emerge to be a hindrance for couples, it is advised to clearly document all the terms and conditions well in writing to safeguard against any dispute in the future.

What are the services Lawyerinc offers for Divorce?

Our services:

Our comprehensive range of end-to-end solutions includes following:

  • End to end services for drafting and filing divorce papers.
  • We have expertise in drafting and filing Divorce petition.
  • We will get in touch with you through renounced lawyers in this field.
  • Free consultation for any enquiry that you may have about Divorce papers.
  • Divorce agreement or petition would be drafted by us.
  • You will get your divorce papers without any hassles.

*Any fee, stamp duty and miscellaneous charges shall be payable extra.

Do contact us in case of any query related divorce and much more. To avail any of the above-stated services, kindly establish contact by posting a query at our site.

When to Enter Into Settlement Agreement?

There is no provision or time line of entering into Divorcee Settlement Agreement. One may enter into settlement agreement before filing divorce petition or once divorcee has been finalized. But it is advisable to go for settlement agreement as soon as possible as the sooner you settle the issue; the better it is to avoid any unavoidable and any unnecessary turmoil and issues.

What if One Composes The Settlement Before Moving To Court?

One can go for settlement agreement before even moving to court, where the settlement agreement is drafted and executed with the help of an attorney or mediator. If that agreement once signed and executed that would be a binding contract and both the parties are constraint to bind by the agreement and follow the terms and conditions of agreement. Once agreement is signed both the parties can move to court for filing Divorce Petition, if Presiding officer find the agreement fair, then the terms of agreement be assimilate to the final divorce decree that becomes binding for both the parties. If any party is not agreed with any provision or term of agreement, then the final call is on presiding officer whose decision would be final.

Can I Draft Divorcee Agreement By My Own Or Should I Hire A Lawyer?

Even if you have vast knowledge of laws and you know how to draft a divorce agreement, but one should take help of lawyer/attorney to draft or at least to review the divorcee agreement. As one need to make sure that all significant legal provisions are added in the agreement and if you are not an attorney you may miss important provisions and serious issues to be drafted in proposed agreement or one may forget to incorporate important vocabulary or specific words in the agreement. Possibly, you may not be updated to latest state laws or legal provisions that you incorporate may be vogue and uncertain. In case you fail to incorporate any important provision/specific word, one may come to halt losing important rights and if one of the party disagree on any provision later on parties may end up messing the things and wasting more money. So it is highly recommended to hire a good lawyer/attorney to avoid any legal encumbrances.

Alteration of Terms And Conditions Of Divorce Ageement

Yes, if both the parties agree to alter the provisions of the agreement then it is possible to amend the Divorcee Agreement. Although there are stringent laws in terms of property, debt or any commercial or financial issue but if both the parties agree then they can amend the agreement with mutual understanding and consent. The said modified agreement need to submit before court and need to incorporate into new court order.

Amendment with respect to Child custody or visitation right can be made if there is any significant change in the circumstances and relations between the parties or if court thinks fit that new arrangement can bring positive outcome or is important and in the best interest of child. Amendment with respect to Alimony provisions depends on the final order of the court or original Divorcee Agreement. If there is a provision in the agreement that provisions regarding alimony cannot be altered once the final order is passed, then nothing can be done. SO it is important that all the provisions in Divorcee Agreement need to be clear and unambiguous.

Frequently Asked Questions

  • 1. I am NRI and it is not possible for me to come to India, so can I file a divorce petition without coming to India?

    Yes, you can file divorce petition without coming to India. Husband can file Divorce petition from the place of residence of your wife or the place of marriage or the place where the couple last lived together and wife can file petition wherever she resides after separation.

  • 2. Do I need to attend court hearing or only my husband can appear?

    In case of divorce by mutual consent, both the parties need to attend the court proceedings for the purpose of recording the statement. But court can also allow you to appear through Power of Attorney if one of the parties is residing outside India or because of some medical condition or some unavoidable circumstances.

  • 3. Our marriage took place just 6 month back so can I seek divorce within a year of marriage?

    As per the provisions of Section 14 of the Hindu Marriage Act, 1955, no petition for divorce can be filed within one year of solemnization of the marriage. But in some exceptional circumstances, Court can grant leave to file the case before the expiry of one year.

  • 4. How much time it takes to get divorce in India?

    In case of uncontested divorce, it takes around 6-8 months from the date of filing of divorce petition. Else it depends on complexity of the case

  • 5. Why to get Divorce papers filed through lawyerinc?

    Lawyerinc is a complete blend of professionals from across the globe. In –house team of lawyers and attorneys, CA, CS. All professional work together in Lawyerinc, providing you end to end solution. It guarantees delivery in the shortest and most reasonable rate in India. It enjoys a global presence.

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