Mutual concent

When the couple agrees to undergo for a divorce by mutual consent, the decision on whether any alimony is to be paid by either party or not, is a matter for agreement between them. In such cases, alimony/maintenance could be paid by either the husband to the wife or by the wife to the husband subject to the mutual understanding between the couple. The court passes the decree of divorce on terms agreed between the couple. The decree binds the couple and is capable of being enforced by the court.

However, in contested matters, the court intervenes and decides the issue of alimony/maintenance on the merits of each case. It is quite possible there may be no alimony/maintenance awarded at all depending upon the facts and circumstances of the case. Assessment of the amount of permanent alimony is entirely the court's discretion. The factors that the court takes into consideration for permanent alimony/maintenance for the wife are:

A) The status and position of the husband, his income, assets and lifestyle;

B) The reasonable wants of the wife;

C) The wife's own income or earnings.

The discretion to award lump-sum alimony or a periodical amount vests with the court. On this basis, you may certainly involve the Courts to decide the settlement amount in cases of mutual consent divorce.

You should consult an expert to effectively guide you in this regard. You can call me at 09555 507 507 or send me a mail at info@lawkonect.com

-Regards

Advocate Pooja

www.lawkonect.com