Is the amount offered in mutual divorce good or bad?

550 votes

In your case, the wife is not automatically entitled to a share in your self-acquired property, especially when it was purchased from your own income and she has not contributed financially. However, courts do consider overall financial capacity, lifestyle, duration of marriage, and future security while deciding permanent alimony. The transfer of property to your mother after initiation of disputes may be questioned by the court if it appears to be done to defeat her claims. If challenged, the court can examine the genuineness of that transaction. Since there are no children and your marriage duration is moderate (2014–2021), alimony is generally based on your income and assets. With an income of around ₹2 lakh per month, courts may consider a reasonable one-time settlement typically ranging between 20%–30% of your net worth or a multiple of your annual income, depending on facts. Her expectation of ₹40L–₹90L is not guaranteed—it is only a claim. Court awards vary widely. Your offer of ₹20L may be on the lower side considering your disclosed assets, but it is still a matter of negotiation. If you want to avoid prolonged litigation, try to reach a mutually agreeable settlement. Otherwise, you can contest the matter and let the court decide based on evidence.

Advocate Sudharsan K LawRato

515 votes

To settle via Mutual Consent Divorce, which is faster and less stressful, it is often advisable to negotiate a middle-ground figure. A well-drafted settlement deed can protect you from any future claims. We can assist in reviewing your financial disclosures to build a stronger case for a lower settlement or to represent you in mediation to reach a realistic figure.

Advocate Hemalatha Narayanan LawRato

751 votes

India does not have the concept of community property as it is the case in United States. So there is no way for your wife to claim your property or half share of the property as she might have heard on the internet or seen on web series. The law in India is very clear. There is only maintenance provided as per law. Alimony is something that you can provide at your own will.

Advocate Sathya Narayanan Subramanian LawRato

999 votes

It depends. But-due to the fact that there is no children, we can fight it till the last to get the money to be as low as possible. Although you are earning, we can still give a calculation of your expenses a bit high to substantiate this stand. But we need to plan accordingly.

Advocate Barath Kumar LawRato