Posts

How to Prevent Asset Loss in Indian High-Net-Worth Divorce

Image
Introduction Divorce for high-income individuals in India is different from ordinary separations. Apart from emotional upheaval, they face complex financial, legal, and cross-border obstacles as well. It is possible for disputes to arise over multiple companies, trusts, investment portfolios, family offices, shareholdings, real estate, offshore accounts, and intellectual property. Unlike Western countries that follow a 50:50 community property model, India does not follow this model; instead, the outcomes are determined by personal law, judicial discretion, lifestyle evidence, and documentary proof of ownership. It is not uncommon for courts to require a detailed forensic investigation to determine whether assets are marital or separate assets. Throughout this blog, we will be explaining the legal landscape, protecting strategies, emergency remedies, and judicial insights that all high-net-worth clients must know. Law: No 50:50 rule Divorce law in India does not require equal distribut...
Post a Comment
Read more

How Alimony Differs from Maintenance in Divorce Cases

Image
Introduction Maintenance and alimony are often used interchangeably in family law, but they are distinct legal concepts. Both refer to financial support after a divorce or separation, but their nature and purpose are quite different. For individuals who are navigating a legal dispute or separation, understanding these differences is essential. Parties can make informed decisions and seek fair remedies when they have a clear understanding of the situation. How Is Maintenance Performed? Maintenance generally refers to monthly or periodic financial support provided by one spouse to the other during or after separation or divorce. Commonly used in countries with British legal influence, maintenance covers two types: spousal maintenance , which supports a dependent spouse, and child maintenance , which ensures the welfare and upbringing of children from the marriage. Maintenance is designed to provide continuous financial stability for essential needs such as food, housing, education, and...
Post a Comment
Location: Bengaluru, Karnataka, India
Read more

When Do You Get Alimony and When Do You Get Maintenance?

Image
Introduction A person going through a separation or divorce must be aware of the difference between alimony and maintenance . Although the terms are often used interchangeably in many parts of the country, there are distinct meanings attached to these terms in the legal context, especially in India. Both forms of financial support aim to protect individuals from economic hardship, yet the conditions under which they are granted can be different. During a challenging time, such as going through a divorce, it is very important to not only understand when you are entitled to alimony, but also what makes maintenance different from alimony, so that you can make informed decisions. What Are Alimony and Maintenance? The two forms of financial support, alimony and maintenance, differ in terms of the timing and purpose of their implementation. Alimony is typically a one-time or periodic support given after the divorce has been finalized, whereas maintenance can be provided during the marriage, ...
Post a Comment
Location: Bengaluru, Karnataka, India
Read more

How long does a spouse receive maintenance after divorce?

Image
Introduction Despite the fact that the terms "maintenance" and "alimony" are often interchangeable in family law, they are distinct legal concepts that govern financial support following separation or divorce. A clear understanding of these differences is essential for individuals navigating the complexities of matrimonial disputes in order to avoid further complications. While the purpose of both forms of support is to provide financial stability to the dependent spouse in the event of separation, the nature, purpose, and structure of alimony and maintenance differ significantly under the Indian legal system. Meaning and Scope of Maintenance The concept of maintenance is based on the concept that one spouse must provide the other with regular financial support during or after their separation. This concept is influenced by British law and is derived from jurisdictions that have influenced British law. As opposed to spousal maintenance, child maintenance assures the...
Post a Comment
Location: Bengaluru, Karnataka, India
Read more

How Live-in Relationships Affect Women’s Legal Rights in India

Image
Introduction The way the current generation views relationships in India has undergone a remarkable transformation. As society becomes more open-minded, the stigma once associated with live-in relationships is gradually diminishing. It is becoming increasingly popular for young couples to live together not as a way of evading responsibility, but rather as a way of determining the compatibility and emotional connection before Women’s Legal Rights   committing to a marriage. The shift that is underway comes not from rebellion, but from a position of practicality - it represents a change in the way that Indians view love, companionship, and long-term relationships. The Concept of Live-in Relationships Live-in relationships are arrangements where two individuals, who are romantically and emotionally involved, choose to live together without being legally married. Indian law does not prohibit such relationships, which provide a flexible form of companionship where both partners share e...
Post a Comment
Location: Bengaluru, Karnataka, India
Read more

How to Avoid Common Mistakes When Choosing a Criminal Lawyer

Image
Introduction Choosing the right lawyer when facing criminal charges can make a significant difference to your life. Choosing a skilled criminal lawyer can help you protect your rights as well as ensure the case is handled fairly and strategically. The criminal justice system is a complex one, and even the smallest mistakes can have serious consequences. It is common for people to make mistakes when selecting legal representation, which is a result of stress or a lack of awareness, but unfortunately, there are many common errors people make when selecting legal representation. Having a clear understanding of these pitfalls can allow you to save time, money, and effort, which in turn, can make your case more likely to benefit from the best possible outcome. Criminal Law Experience Hired Without Checking Many people make the mistake of hiring a lawyer without verifying the lawyer's experience in criminal law. Many general practitioners claim to handle criminal cases, but not all pos...
Post a Comment
Location: Bengaluru, Karnataka, India
Read more

How to File a Case in the High Court A Complete Step-by-Step Guide

Image
Introduction The High Court is one of the most significant pillars of the Indian judiciary. It serves as the highest court at the state level and holds the power to decide a wide range of matters that affect citizens, institutions, and the government. The High Court exercises both Ordinary and Extraordinary Jurisdiction, enabling it to handle various civil, criminal, and constitutional matters with authority. Under Article 226 of the Indian Constitution, it also has the power to issue writs such as Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto, making it a crucial institution for safeguarding fundamental rights and ensuring justice. Rules and Jurisdiction of the High Courts in India Each High Court in India functions under its own set of procedural rules, known as the Original and Appellate Side Rules. These rules define how cases are filed, registered, and heard, ensuring that the judicial process remains fair and consistent. While the procedures may vary slightl...
Post a Comment
Location: Bengaluru, Karnataka, India
Read more