The Supreme Court has recently allowed couples to separate their ways without waiting for the required six months period for a separation order if there is mutual consent. In such cases, the marriage can be legally dissolved in just a week as decided by the Supreme Court in its verdict that the ‘cooling off’ period is not mandatory and can be waived off. You can get legal assistance from the Divorce lawyer in delhi.
As per the court under the Hindu Marriage Act, the six-month period could be done away with if all the efforts to unite the parties have been failed. Also, the waiving off can be considered if the parties were already living separately for at least a year. However, before this decision and as per section 13B of the Hindu Marriage Act 1955, a couple needs to wait for a period of 18 months to get a divorce through mutual consent.
For this change, Justices A K Goel and U U Lalit have explained that the object of the cooling off period was to avoid a hurried decision taken by a couple to get separated. This allows them to explore ways in order to settle their disputes but this could not be made mandatory. We can help you to connect with Best divorce lawyer in delhi if you will get in touch with us.
When the court grants a divorce property is divided equitably between the two parties as per the Equitable Distribution Law. Both the parties have to provide complete information about their income to the court and the debts they owe.
The marital property is fairly divided between the two parties as fairly as per the court’s decision. It is not necessary that the court will divide the property between the two spouses equally but in most of the situations, this is the case. Properties are of two types- one which is bought during the marriage is called ‘marital property’ and the property which belonged to the spouses is known as ‘separate property’. When a divorce is filed, the marital property has to be divided.
It is important to get the appropriate guidance whenever you file for divorce. You can contact us for Top divorce lawyer in delhi if you want information about property rights or other divorce-related procedures.
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