Separation of Married Couples without Divorce: In India, divorce is still considered a social taboo. Couples often tend to ignore things in a relationship and continue the same situation, sometimes because of social and family pressure. In the 21st century when same-sex marriage was declared legal by India, it was important to understand that divorce was a natural process of being a gloomy wedding, and there was no big problem when the couple decided to get legal divorce and lead their own lives. But at the same time, it is equally important to know that there are other ways where couples decide to live separately with the agreed provisions together without actually involving real legality and long divorce procedures. Find the Separation of Married Couples without Divorce. Choose the Best Divorce Lawyers in Chennai India. Rajendra Law Office offers the Best Legal Services for Family Court Litigation in Tamil Nadu.
Legal agreements
The current partner of this generation is very aware of their rights and duties and therefore also knows that there are other ways where couples can separate legally. This article will highlight how the couple can separate themselves legally. Usually, legal agreements are prepared for such situations, however, law enforcement of this agreement can be debated and therefore speaks and knows about this agreement is needed.
Separation agreement
As the name suggests, the separation agreement is the post-matrimonial agreement where the couple decides to separate their way without judicial intervention, which means there is a court disruption in the agreement. Therefore, without divorce petition or decision for judicial separation, some parts of their way. One of the most important things about the separation agreement is that they are included after the unification of marriage occurs. Because the agreement was compiled after marriage solemnisasi, the pair decided on maintenance issues, property divisions, and child detainees without the type of justice intervention. However, in India, the separation agreement is considered to be against public policy. Therefore, the court does not emphasize such an agreement.
Validity of the separation agreement in India
In simple language, the separation agreement does not have reasonable soil regarding validity and prosperity under the Indian Legal System or Indian justice. Therefore, the Indian court in various cases has ruled out the option of the separation agreement between a husband and wife. find the Validity of the separation agreement in India.
It might be surprising for readers, but in India, there is a Chutti-Chutta system, which is a form of reciprocal divorce habits that are mostly the same as the separation agreement.
Speaking of Hindu wedding laws, where all Hindu marriages took place silent about the issue of separation agreements in India. The action did not encourage or ignore the efficiency of the agreement in this country.
In many different cases, the court has stated that there is no legal status of the separation agreement in India, but this does not mean that it is completely worthless. The separation agreement described the picture of the intention of the parties.
Most cases in the Indian court deal with the issue of separation agreements are cases where Indian couples have lived for a considerable time in foreign countries. This is due to the concept of this separation agreement mostly adopted by the Western world.
Hindu law on the subject of the separation agreement still maintains ancient character. Because it states that marriages in their laws are not only contracts but also sacraments, and the rights and duties of married parties are only determined by law and cannot vary based on their agreement.
Important clause in the separation agreement
What are the Important clause in the separation agreement?. They are as follows
Introduction clause
This clause is part of the introduction of the agreement. These include common clauses such as date of agreement, husband and wife's name, property descriptions. All of this together will form a part of the introductory clause.
· Information about parties that include their salary, income, and work.
· If there is a family property, the details must be mentioned.
· These clauses generally collect all information related to all those owned individually or together with homes, banks, cars, accounts etc.
Maintenance clause
This is one of the most important clauses in any agreement. The maintenance clause in the separation agreement must be carefully designed. Things to consider in the maintenance clause are:
· This includes questions like, which will pay maintenance. This will be a husband who will pay maintenance or wife who is financially and equally stable like a husband. Questions will also be related to what will be the amount of maintenance depending on the financial stability of the husband and wife. Many different questions arise when the maintenance clause is considered because it includes various things to be overcome.
· When the maintenance clause is compiled, it is important to be very careful. It should be noted that the clause must be in such a way that it does not oppose every existing public law or policy.
· This clause will also handle questions such as the maintenance frame that maintenance will be paid, conditions when the flow maintenance will stop, etc.
Child prisoners.
One of the biggest reasons, the couple never chooses divorce is because of their children. A child in marriage is a full termination for people who are looking for divorce when a child gives a lot of responsibility to a single parent. However, when the pair agreed to the terms of the separation agreement, it is necessary to discuss the child prisoner clause into it. This clause will discuss issues related to child care and upliftmen. This clause will resolve the child's financial development problems.
Vehicle
The two parties agreed that each would retain existing vehicles in ownership of individuals, including but not limited to cars, recreational vehicles, and that they would provide any documents needed to effect and reflect any changes in the ownership of the record of the vehicle.
Property Division
Claway in the Property Division in the separation agreement divided the personal property of the husband and wife who had not been shared between them. These include various things. Property, good moves (vehicles, jewelry, etc.) and the property does not move like home. The benefits of vehicles or pensions are the best examples of property divisions.
Post-retirement benefits
What are all the Post-retirement benefits? Both husband and wife agree to ignore their respective rights may be in another retirement. All other retirement accounts are now maintained individually and held will and remain a separate property of the pair whose name is asset is now held.
Full disclosure clause
What are all the Full disclosure clause? These claims are usually mentioned in every agreement and such as businesses by husband and wife that they do not accidentally or deliberately hide important facts or materials on debt or other assets. Such clauses helped both parties not to hide anything.
Benefit from the separation agreement
What are all the Benefit from the separation agreement? There are several reasons that choose a partner for the separation agreement and not divorce. They:
1. In the separation agreement, the pair gets time to improve the situation. A lot of time, fixing things will not happen, and then this couple can go for legal divorce.
2. Sometimes, an individual does not have health insurance. Therefore, below, insurance coverage can continue for couples who do not have their own health insurance.
3. The pair may have the right to receive some tax benefits that can help stabilize an individual's financial picture before settling for divorce.
4. Positive separation agreements can affect a person's ability to qualify for a higher number of social security or retirement benefits.
5. Every problem of religion or ethics about divorce can be handled and resolved (if possible).
6. When the pair finally decides to divorce, during that time, the separation agreement can be transformed into a divorce decree, making the actual divorce process very easy and only documents.
The couple involved in the separation agreement must carefully weigh the benefits of the legal separation agreement and then choose it for it. The couple must speak with legal counsel and then take the steps needed.
Demerit from the separation agreement
What are all the Demerit from the separation agreement? Although there are many positive things to consider when choosing legal separation on divorce, there are some negative points to consider too. The pair should not only go into separation because it sounds like the first step to divorce.
1. There are several costs involved in the law separation agreement when compared to divorce. The couple may need to reach an agreement or try it in court to get a court order. The whole process can be expensive.
2. The agreement can be emotional taxation and leaving people in Limbo is not sure whether they try to overcome it or just wait for time to end it.
3. There is a possibility that a joint account can be vulnerable to one partner using more than agreed upon. One partner does not have all the controls of the bank together or an investment account, and therefore this can cause money to disappear because one couple decides to plan the final divorce.
4. It is not necessary that all insurance policies extend coverage to separate partners. This only means that if you do it for practical purposes, you might be foiled in your efforts.
5. Sometimes, there are some state restrictions that prevent separate pairs into new relationships. This can make a separate partner more excited to apply for divorce than only for agreements because it allows someone to start a new relationship.
This article focuses on the advantages and disadvantages of the separation agreement. When each coin has two sides, the same, the separation agreement has a positive and negative effect to be seen.
Is there an alternative to the separation agreement in India?
What is the alternative to the separation agreement in India? After mentioning all the pros and cons of the separation agreement, it becomes important to find some alternative options too, because the separation agreement may not be suitable for everyone and some of them may be willing to choose some of the other better choices. One alternative for the separation agreement is "Judicial Separation".
Judicial separation
Sometimes, we tend to be bored because of the same routine every day, and we often seek rest at some point in life. Judicial separation works on the same concept. This is a legal break provided for a partner for a certain period of time on a valid reason. A legally married couple can approach the court for judicial separation on legal reasons.
1. Separation of justice is a decree by a court that allows partners to live separately for a certain period. However, in the separation of Judicial, the couple is still married. Judicial separation is the last choice before divorce.
2. When comparing the separation agreement to the separation of justice, the parties do not need to appear in court to seek permission to live separately. While in the judicial separation, it is a court that allows life partners separately.
3. Some reasons where couples can find divorce are:
· Where one of the parties involved in marriage has left the other party in marriage for more than two years continuously.
· By the reasons of cruelty, where it appears for a wife or husband, it will be dangerous or harmful for them to remain with their partners, the court can provide trial separation.
· Madness, adultery, religious conversion, incurable leprosy form, world rejection by entering the religious order, no longer heard for seven years a few years.
Conclusion
After reading the article, the reader will be sure that an easy separation agreement to switch solutions. But, the important thing to note is to have some impact too. Other parties involved in the separation agreement may argue that the same thing was signed under an undue influence, coercion, etc. Therefore, before entering into the separation agreement, it is better to be careful for all of these points. This is the Conclusion. Best Advocates in Chennai High Court for Corporate, Civil Cases and Criminal Cases 24x7
