Divorce is never an easy choice for a couple. Emotions, responsibilities, and money are sensitive issues even in those cases when both partners decide to get divorced mutually.
And one of the most significant issues of any divorce agreement is child custody and alimony. These two issues have a direct influence on the future of children and even the financial stability of spouses.
Therefore, accurate knowledge of the rules on family law, custody, and alimony is important for a fair outcome of the divorce case.
This blog covers important legal lessons that any couple going through a mutual divorce should be aware of.
Understanding Child Custody Laws
In Indian Family Law, the child’s welfare is the primary focus in all custody cases. Even the courts do not consider custody to be a contest of rights among parents; instead, they want decisions to be taken in the best interest of the child.
Parents might have decided who’ll have custody of the child. But in case of disagreements, the court intervenes and assesses factors such as the emotional well-being of the child, financial needs, and education.
It is to be noted that custody arrangements are not permanent and can be altered in case a situation changes and the welfare of the child requires it.
Parents are also urged by the court to pursue a common ground rather than regarding custody as a war of wins or losses.
Types of Custody: Physical, Joint, Legal
When couples seek a mutual divorce, they have to select the type of custody.
Broadly, we have three types:
- Physical Custody- The child lives with one parent, while the other parent has visitation rights. This will be a stable setup that will not deprive the child of a relationship with both his parents.
- Joint custody- Both parents get equal custody, and the child also spends time with both parents according to an agreed schedule. This is beneficial to many courts because children experience the love and care of both parents.
- Legal Custody- The right to make very significant decisions about the health, schooling, and general upbringing of the child. Both parents or only one can be given legal custody.
Courts and lawyers recommend joint custody when possible since it guarantees equal parenting as well as minimizes the emotional effect of divorce on children.
Alimony Rules Under Indian Family Law
Alimony, together with custody, is another important aspect of a divorce settlement. Spousal Support (or alimony) is the amount of money distributed by one spouse to another to ensure that there is equity upon divorce.
In India, alimony laws are governed by the Hindu Marriage, Special Marriage Act, or other personal acts based on the couple’s religions.
Alimony can be mutually agreed upon, or the court can decide in case the couple is unable to agree.
The two common forms are:
- Lump Sum Settlement- This is a system where one party involved in the divorce pays the other spouse a single lump sum.
- Monthly Maintenance – It is a daily payment on a regular installment basis to support the spouse until they are economically self-sufficient.
The intention of alimony is not to discriminate against one partner but to make one of the spouses financially safe after the divorce.
Factors Courts Consider While Deciding
The case of each couple is distinct. That is why most family courts in Delhi (or any other state) consider a wide range of issues prior to awarding child custody and alimony.
The key factors to be considered are:
- Age and the requirements of the child – The younger children may need more steadiness and care.
- Parental financial capacity – Courts examine both the income, assets, and earning potential of both parents.
- Standard of living during marriage – Alimony is normally decided to ensure a similar lifestyle for the dependent spouse.
- Health and duties – In the case of either spouses failing to work due to health problems, the court may rule in favor of increased support.
- Behaviour and accountability – The Behaviour and accountability of the parents can determine to whom custody will be granted.
For custody cases, the court can also consider the expressed desire of the child, especially if the child is old enough to give an expression on which side to appreciate.
Role of a Lawyer in Negotiating Custody & Alimony
A divorce lawyer helps couples mutually agree on a settlement.
At least in a mutual divorce, legal help ensures that custody and alimony payment terms are written with no errors and cannot be used against a person in the future.
A lawyer can help couples in:
- Laying down a divorce settlement agreement, which encompasses custody, alimony, and division of assets.
- Negotiating realistic and reasonable conditions on either side.
- Ensuring that family law rules and procedures are followed for smoother submission of petitions.
Having the proper legal guidance, couples are not exposed to unnecessary delays and fewer heartbreaks during the divorce process.
Conclusion
When applying for a mutual divorce, it is also essential to understand the laws concerning child custody and alimony. The court will always consider the welfare of the child, as the goal is to achieve educational fairness by providing spousal support.
With proper guidance and knowledge of legal procedures, divorce becomes less stressful. The entire process of mutual divorce, including custody and alimony, is made easy with AM Legals. Our team of professional lawyers with the local expertise of the courts of Delhi ensures your case complies with all legal requirements.
With AM Legals, remotely plan your mutual divorce and seek professional guidance on your divorce case, hire a family lawyer for custody and alimony, and gain knowledge on settlement rights.
Law knowledge will allow not only securing the future of your child but also your own financial well-being.
