1. The percentage you need to give to her, is not prescribed anywhere under law. She must demand a reasonable share in your properties, so that the same is sufficient to cover the sustenance of herself and the child.

This has to be exclusively decided in between you and her. If you think her demand is unjust, you shouldn't give you consent for mutual divorce and could mull your options of contesting a divorce case with your wife.

2. Yes, you need a lawyer for the mutual consent divorce. MCD will take about 6months to finalize.

I would like to know what is the % of share, Husband need to give for an Wife and One child 11 years , Marriage lasted 12 years for settlement of Divorce amicably ??

there is no mathematical formula for the same that is applied in India, the same majorly depends on the status of the parties and the mutual understanding of the parties.

I would advise you to go for mutual settlement because the contested divorce will take a lot of time and money and apart from divorce she can file a plenty of cases on you.

What is the period for Mutual divorce and how the process works for Mumbai based couple

It will take 6 months.

You will have to file a suit for mutual divorce in the family court.

the court will give a date of 6 month and thereafter the divorce will be decreed.

Yes you will have to engage a lawyer.

A lawyer might charge you somewhere between 35-40 thousand.

Also, marriage certificate, ID of both the parties and 2 photographs will be required.

Regards

25% of total valuation of husbands property

Yes you need to appoint a lawyer

Carry marriage certificate, passport photo and id proof

1) Mutual Divorce will be fast as compared to Judicial Separation.

2) Your 25-30% net income can be granted as monthly alimony.

3) she is not entitled to property share till you are alive.

The mutual consent divorce takes around 6 month and you can settle terms between yourself.

While the contested divorce takes around 3-4 years and court generally grants 25 to 35 % of your salary as maintenance and along with it a permanant alimony amount.

a lawyer will help you with drafting and court work.

If the properties are your name alone then you need not give her any share in it.

She cannot claim any share in your properties as a right neither your children have any rights in it, not at least during your lifetime.

As far as maintenance is concerned she may to prove your income with evidence, you can defend your interests properly, then the court will decide in it's discretion to grant of maintenance

If she is not agreeing for mutual consent divorce then you can file a contested divorce case

1) your wife has only right to stay in matrimonial Home abd has no share in your property

2) you can if you so desire execute a gift deed in wife favour for one property

3) you have to appoint Lawyer fir drafting and filing petition fir divorce by mutual consent

4) you ha e to enclose marriage photos, marriage invitation card to divorce petition

5) if marriage is registered marriage registration certificate

6) divorce by mutual consent takes 6 months

7) legal fees vary depending upon the Lawyer engaged by you

Hi,

In case of mutual consent divorce, anything will go as per the agreement of both the parties. In case of contested divorce, the things will be decided as per your capacity and liabilities i.e. taking care of parents. You need to consult a local lawyer and get the things done carefully.

1. In case of mutual consent divorce, every thing is decided amicably by mutual settlement including custody of the child.

2. The Court will not interfere in specifying the shares of the properties to be partitioned between the couple.

3. In case of contested divorce, which you shall have to apply for based on acceptable ground like cruelty, she will have no right on your properties but can claim maintenance (and compensation if divorce is granted) from you which will be ordinarily in between 1/3rd to 1/4th of your net monthly earnings after deducting I.Tax, EMI for buying one dwelling house, expenses for chronic deceases for self and parents.

4. While contested divorce might take 2 to 6 years to be disposed of, MCD will be disposed of with in 6 & 1/2 months from the date of its filing.

5. However, from the details given by you it appears that you can agree for her said demand since she is a house wife though there is slight scope of bargaining left for you.

6. Lawyer's fees vary from lawyer to lawyer, State to State and also Court to Court. However, in Kolkata MCD decree can be availed at a total legal expenses of Rs.60 K to 80 K.

You need to appoint a lawyer for the same. It takes 6 to 8 months in court. Lawyer fees varies from lawyer to lawyer. You can contact me through Kaanoon. I will handle your case. In mutual you can decide your ailmony amicably.

1) court considers net income after taxes

2) court dies not consider your loans , credit card dues in determining maintenance

3) better opt for lump sum alimony payment

4) you don’t need to bow down to her blackmail tactics

5) you should never give POA to Lawyer

6) you can execute POA in favour of family member but your personal presence would be necessary during trial

7) your passport would not be confiscated

How this would be weigh on % of income allocations deciding factor .

Foreign income v/s expense, Can I show the rent receipt, loan receipt, credit card that I owe in abroad as part of the Net income showing. And how this can be produced validated on court

You can produce documentary evidences of all your claims and produce before court in a convincing manner.

Monthly alimony v/s One Time fixed amount - How this works , I mean i'm good for now for monthly alimony as Income is there but what if the job contracts don't get extended, And I have left no job and need to return to India....with no continuous income would that would be considered by court later ?

You can state the same thing in the event of she claiming one time settlement and refuse to pay the same and if still pressurised then you may agree for monthly maintenance.

My wife also threat me that If I don’t fulfilled on demands she would damage my overseas job by contacting employer and make me jobless as she knows my employer very well and she is capable of doing that to damage my reputation – How this can be prevented ?

If that is the case you may inform your employer in advance about her threats and her character of taking revenge against you, you cannot prevent her from doing this hence it is better you apprise your employer in advance to avoid problems.

Or she would make me passport confisticated by putting the false case DW or 498 A, As she is already done on last time by registering NC against me on police station , Her family got connection political and Mahila morcha

Police or courts do not have power to confiscate your passport, however it is better you dont visit India if she is filing any criminal complaint agaisnt you, becasue the court may advise you to deposit the passport before court till the disposal of the case,.

Lastly can I appoint POA for taking the divorce case up if this goes contested , I don't have anyone except old age parents., Can lawyer be POA himself to take this up.

A lawyer can either represent you in the case or can be your power agent,

A power agent lawyer cannot represent you in the court ion the role of a lawyer too, yon may have to engage the services of a lawyer besides the power agent.

Hi friend,

1) If your job's contract gets over and you return to India at that time it will be consider by court that your are not working and it will be granted alimony according to your at that time income. However you have to fresh apply for alimony reconsideration.

2) She won't be able to spoil your job, don't worry. All your worries about one time settlement is calculated on your living of standard at the time of living together both and regarding jobless will be consider for alimony by court or we can extend the order till 2019 till your contract gets over or renew.

3) Your total expenses will be consider by court and than alimony is granted, you have rights to talk in court.

4) for regarding 498A and DV act case file and you fear that she will filed case against you, don't worry we have solutions on it.

5) If you leave in Maharashtra state in India, I can take your POA or I can ready to take you case as family legal consultant. You can contact via consultation call.

Hi,

No POA will work for divorce case and you are suggested to be bold and face the things. Whenever, you come to India file the divorce case.

1. For the purpose of allowing maintenance from the husband working abroad, his earnings are multiplied with PPP (Purchasing Power Parity) fixed by our Country in connection the said foreign Country. This PPP is calculated for finding out the difference of currency required for buying a basket of same daily required items at both the Countries by paying in their individual currencies.

2. Husband generally prefer monthly alimony since in case he looses his job, he can file a petition praying for amendment of the amount directed by the Court for paying alimony to his wife.

3. It is unacceptable that estranged wife can spoil career abroad, get the passport confiscated or cause huge damage by filing false cases since now a days there will be no arrest made by the Police based on the 498A complaint lodged by the wife, without conducting investigation, as per the directive of the Supreme Court.

4. If you feel that you are not capable to withstand the pressure created by your wife, then it will be prudent on your part to accept her MCD proposal but against acceptable terms.

5. For MCD you shall have to appear on the day of the 2nd motion. Divorce cases can not be attended by POA holder since you shall have to appear before the Court while submitting evidence and for being exmined and cross examined.

1. You will have to give a list of all the expenses.

2. Yes if the circumstances changes then you may move an application for modification of the order. Though in my advise I would advise you to settle for one time payment.

3. This can not be prevented, there is no law to keep a check on someone’s behaviour.

4. Lawyer can not be your POA holder, yes you may appoint a POA but still you will have to come to court for important dates on which you are required.

Regards

Court decides it on your total income and expenses.

Don't get threatened by such things file police Complaint if she threatens.

No your passport will not be confiscated.

No you have to yourself come for filing. Else you need to file affidavit in Indian Embassy in UAE and then the case can be filed here.