Marriage is a sacred institution in which two individuals are beginning a new journey of life together .This journey also involves two or more families of both partners and some times their extended families. Hence Marriage is a family affair which is always under scrutiny of family members, relatives and the society at large.The socio-economic background of the Husband and wife play a great role in the making or breaking of the relationship in the marriage.
The Divorce often breaks the relationship between the families and affect the relationships of the couple in the society, as often friends and family are forced to take a stand or even maintain indifference.The psychological effect is much severe than the financial and social implication involving divorce.It is important to note that, the fact of divorce is not limited to procedures in the court but has far reaching effect in the lives of the couples involved, their children and immediate members of the families.
The Judicious approach taken by the counsels concerned can assist a long way in damage control and lessen the trauma involved in litigation leading to decree of divorce, custody of children, alimony and maintenance etc.It is very important that legal provisions available to individual parties must be resorted with utmost concern for resolution and not for settling scores.The Parties involved must be quite clear about end results while going into a litigation and avoid unnecessary multiplicity of petitions . As the old adage goes ” justice delayed is justice denied” is applicable in most pending cases these days. It is often observed that the divorce litigation goes on for years and no one benefits from it eventually, hence parties must exercise restraint and always be open to settlements .
It is the policy of the Courts and the legal system in general to end the disputes amicably through mediation and counselling.Our family courts are manned by counselors specially trained for that purpose. It is the ultimate responsibility of the counsels involved to counsel their clients about the amicable settlements before initiating long drawn battles in the courts.
Once you made up mind for divorce, you should initiate dialogue, mediation and counselling to settle the disputes of allegations, financial aspect of maintenance for the spouse and children, custody and access right, settlement of joint properties and belongings etc. The terms of the settlement can be drawn into consent terms and file for a Mutual Consent Divorce.If one party is not agreeable to settlement then specific goals must be set by the initiating party to execute the provisions available under law by filing a unilateral petition for divorce. This is the juncture at which a counsel can guide you to identify the right steps depending p on your individual circumstances.