Monday, April 18, 2011

Relationship with marriage and Legal Advice

The decision to divorce or to end a relationship is rarely taken lightly. It can be a time of great anguish, upset and shock, yet one in three first marriages ends in divorce, as do two in three second marriages.

You may have to go through a legal process as well as the emotional and personal process of dealing with the breakdown of your relationship. For many, there are also financial implications of separating and the effect it may have on any children involved.

At a time when you are emotionally vulnerable it can be very hard to get perspective on the situation and to make the best decisions. This is a time when you need support not only from friends and family but also from professionals if you are to walk away from the relationship in the best legal, financial and emotional state.

When a relationship ends you will almost certainly need legal advice from a family lawyer. If you are married then you may be seeking a divorce or need advice on residence of children from the relationship. Even if you aren't married you may have joint property or assets and need help to divide them between the parties involved.
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Wednesday, February 2, 2011

Happily un-divorced

When Akansha Kumar found that her 13- yearold marriage was on the rocks and the emotional chasm between her and her hubby Abhay Kumar just couldn’t be bridged, there was nothing to do but part ways.

They decided they would separate rather than file for divorce.

That’s the way it’s been these five years — they continue to accompany each other at social events and attend their 10- year- old son’s PTMs ( parents- teachers meetings) together.

Welcome to the world of the undivorced, where couples opt to live a life of compromise rather than go through the socio-economic and emotional hassle of a legal separation.

When Tulika Gupta uncovered the dark secrets of her philandering husband, she decided to teach him a lesson. But after consulting lawyers and close friends, she opted to walk out of the marriage and live separately. “ We have taken a joint home loan and have each other’s names as nominees in our investment, we have each other’s name as spouses in our passports.

Moreover, our kids are 15 and 18, what’s the point in putting the whole family through the hassle of a divorce,” says Gupta, who runs a consultancy firm in Gurgaon.

TAKING IT EASY

Though there isn’t any statistics, divorce lawyers and marriage experts believe that separation without divorce is proving to be a popular alternative. “ Staying estranged seems to be a popular trend among couples. They enjoy the status quo especially if there are children involved. Going to court involves a lot of trouble. Men are afraid they will have to pay huge maintenance,” says Osama Suhail, divorce lawyer.

The hope of giving a failed marriage another chance to survive also plays a crucial role in couples opting for a separation instead of a divorce. Kamal Kaur and Ajit Sidhu opted to part ways to give their eight- year- old marriage a ‘ breather’. Now after five years of parting ways, they have grown closer as friends rather than couples. They make it a point to meet each other on weekends for lunch and attend social gatherings as husband and wife. However, both are happy with the arrangement. “ I know that he has girlfriends and he knows about my relationships.

We have decided not to remarry; I don’t want my kid to blame me for the divorce when she grows up,” says Kaur, an event manager.

If convenience plays a crucial role, the social taboo related to divorce also forces couples to stay estranged. “ Divorce is still big step for couples. And the hope of coming together and working out the relationship, keep some couples’ hopes alive.

Legal hassles are also a big trouble.

Couples who have been estranged for over 10 years usually move on with their lives,” says Dr Isha Singh, clinical psychiatrist, Max Healthcare.

In a society where being a single woman still raises eyebrows, divorcees face social ridicule.

“ Women want to avoid the stigma. For children, it’s good to have the father around, especially at the time of their marriage.

More than men, its women who don’t want to go to court for a divorce,” says Priya Hingorani, senior lawyer, Supreme Court.

With a quick hearing not possible in divorce cases, couples often have to do the rounds of the courts several times before the final settlement is drawn. At times, cases drag on for four to five years, draining people emotionally and financially. “ For women, the delay in proceedings acts as a deterrent. In the case of middle- aged people, they go for divorce only if they remarry,” says Suhail.
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