Divorce Guide

Orders a court can make for financial settlement

In case of a breakdown of relationship, both the parties should initially try to settle down the problem of financial matters outside the court. In absence of such a situation, the parties can apply to the court for doing so. But such a situation can cost you highly or even worse, emotionally too.

1. Payment of Lump Sums – The court has an authority to order both the parties to pay a lump sum amount. This means that the husband can pay for the wife’s expenses all at a time instead of her future financial maintenance.
2. Spousal Maintenance – In such a case, a court can order the husband to pay spousal maintenance. Spousal Maintenance means to pay for the financial maintenance of wife until she gets re-married. This amount may be time-bound as well i.e., the court can order the husband to pay for the spousal maintenance for a fixed time period.
3. Child Maintenance – Asking for the child maintenance is a bit tedious task since court has very restricted authority to make orders for child maintenance. With a mutual understanding, if an amount if agreed for the child’s upholding, the court can only rubber-stamp that. In case of further argument, parent can pertain to the Child Support Agency.
4. Sale or Transfer of Property – In case of property division, most common of which is the family or the ancestral home, the court can order the sale or transfer of all forms of property The court can also order the selling off of property and can shape how the takings of the amount are to be alienated among the two parties.
5. Pension Sharing – In case the husband is liable to any kind of pension, the court has the authority to order dissection of pension policies. This power is vested upon with the court since the year 2000. For the division, a new pension fund for the wife can be created and the proceeds of the amount can be relocated there.
6. Creation or Variation of Settlements – In case of ‘creation of settlement’ it can be done in respect of the family property, i.e., the court can order the family home proceeds in joint until the child breaks the age of being a ‘minor’, i.e., unless he reaches the age of 18.

Although these are a few orders a court can make, yet every divorce case id different and its complications may vary. The law is flexible with respect to all the cases.

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