Tell me about one time settlement out of court divorce procedure

692 votes

You can approach Lok Adalat or mediation for one time settlement through the court. This procedure is legal and the issue ends once and for all. Even such approach is encouraged by the courts. You need to be careful with terms and conditions between you and your wife regarding settlement.

Dr. S. Diraviam Dinesh LawRato

564 votes

the one time settlement with out of court is possible with proper document. but divorce is not valid in the out of court. we will file a petition for proper divoce. i will help you properlywith the proceedings. For further proceedings contact me directly.

Advocate R. Girija LawRato

571 votes

one time settlement will happen only at the time of mutual consent divorce if there is no future alimony in monthly maintenance system then you can opt a method of one time settlement only in mutual consent divorce only both parties or agreeing the terms that will settle one time to get divorce

Advocate Satish Kumar LawRato

78 votes

One-time settlement, also known as an out-of-court divorce settlement, is an amicable way to resolve divorce matters without going through the formal and often lengthy court process. Here's an overview of the procedure for a one-time settlement in divorce in India:

1. Mutual Agreement: Both spouses must be willing to settle the divorce mutually and amicably. This means that they agree on key issues such as property division, child custody, alimony, and other matters.
2. Legal Counsel: While it's not mandatory, it's advisable for both parties to consult with their respective lawyers. Lawyers can help in drafting a comprehensive settlement agreement and ensure that the legal requirements are met.
3. Drafting Settlement Agreement: The next step is to draft a settlement agreement that outlines the terms and conditions of the divorce. This document should cover all aspects of the divorce, including property distribution, financial support, child custody, and visitation rights.
4. Negotiations: Both parties, along with their lawyers, may engage in negotiations to finalize the settlement terms. This can involve discussions, compromises, and revisions to reach an agreement that both parties find acceptable.
5. Notarization: Once the settlement agreement is finalized, it should be notarized. This adds a level of legal validity to the document.
6. Filing in Court: While it's an out-of-court settlement, the final agreement should be filed in court along with a petition for mutual divorce. This is to ensure that the court recognizes and enforces the terms of the settlement.
7. Court Approval: The court will review the settlement agreement to ensure it is fair and in the best interests of both parties, especially if there are minor children involved. If the court finds it acceptable, they will grant the divorce based on the terms of the settlement.
8. Issuance of Decree: Once the court approves the settlement, a divorce decree is issued, and the divorce is legally finalized.

It's essential to note that a one-time settlement can be a more cost-effective and less emotionally draining option compared to a contested divorce in court. However, it relies on both spouses being willing to cooperate and compromise. Consulting with legal professionals is advisable to ensure that your rights and interests are protected during the settlement process.

Advocate Chikirsha Mohanty LawRato

486 votes

In a divorce based on mutual consent, the concept of a one-time settlement is an agreement between both parties. The court won't interfere. The court can decide on the merits if she submits a petition for alimony after hearing from both sides.

Advocate Chikirsha Mohanty LawRato