FAMILY LAW
INTRODUCTION:
The issues that come under Family laws are guardianship, emancipation, and approval of underage marriage, adoption, marriage dissolution, domestic violence which are all common issues.
There are five broad sets of family law in Indian Hindu Law all of which are governed by all Hindus like Jain, Sikhs, and Buddhists. Christian law is for the Christians. Parsi law is for the Parsis and Muslim law for Muslims i.e the special marriage act.
In the 21st century, Same-sex relationship has been declared legal in India. Divorce is considered a social taboo that we need to accept. If couples want to get divorced or get separated, there shouldn’t be any fuss. If a couple wants to separate without having a divorce then they have the option ‘separation’ only. We have another one is legal separation
WHAT IS SEPARATION?
It means living apart without, no need to file court papers but it also affects your legal right also you need to talk to your lawyer before separation.
If you have a child then you need to agree the take care of your child if you don’t want any legal separation or divorce but you need the court’s help for getting child support or spousal support as some special procedures allow you to do that.
Legal separation:
The biggest difference between divorce and legal separation is that in legal separation that you’re technically married. The wife may not resume her former name. Some couples chose legal separation for religious beliefs, insurance benefits, etc.
Divorce:
When a couple gets divorced, they may not share their health insurance benefits. It’s a complete dissolution of the marital state and the wife may return to the former name. The arrangement is made for the children if you are considering separation or divorce from your spouse, it may be wise to consult with a qualified, experienced family law attorney in your jurisdiction. Divorce is the formal legal ending of a marriage. It is separate and distinct from a property settlement and parenting arrangements after the breakdown of a marriage. You do not have to get a divorce when you separate unless you want to remarry, but staying married may affect your legal obligations.
MERITS OF A SEPARATION AGREEMENT:
In a separation agreement, the couple has time to fix things up. A lot of time, fixing up things won’t happen, and then his couple may go for the legal divorce. Any religious or ethical issues about divorce can be addressed and resolved.
DEMERITS OF A SEPARATION AGREEMENT:
There are some costs involved in a legal separation agreement when compared to a divorce the couple might need to come to an agreement or try it in court to get the court order. Such an agreement may become emotionally taxing and leave people in limbo not sure if they are trying to work it out or just binding time to end it.
CONTENT WRITER:
NAME- AKANKSHA CHINCHWALKAR
COLLEGE- TILAK MAHARASHTRA VIDYAPEETH
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