Here are the key points on how men can protect their finances while going through a divorce:
Precautions to Take Before Divorce:
- Hire a financial planner and lawyer to get professional help navigating the legal and financial aspects of divorce.
- If you are an NRI, it may be helpful to consult professionals who are well-versed in both Inheritance tax in India for NRI and the complexities of trust registration.
- Know your rights regarding assets, property, and liabilities so you don't lose your claims. For example, you have no right over the wife's "streedhan" (gifts and assets received before/during marriage).
- It's crucial for NRIs to be aware of how their trust with non-resident beneficiaries might be affected in the event of a divorce.
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Make a detailed list of all your income sources, expenses, debts, and assets to assess your financial situation comprehensively.
- If you're looking to safeguard assets during a divorce, consider setting up a trust with non-resident beneficiaries to keep assets separate from marital claims.
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Separate your finances by closing joint accounts, stopping use of joint credit cards, and removing the spouse as the nominee from investments.
- To avoid complications, think about registering a trust to ensure that your assets remain secure.
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Transfer assets to parents or create a family trust to protect them from being split during divorce.
- Creating a trust with non-resident beneficiaries can help protect family assets from being divided during a divorce.
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Draft an agreement as business partners to protect co-owned properties and businesses.
- Setting up a trust using power of attorney can help ensure business assets are preserved according to your wishes.
Legal Fees and Alimony:
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Legal fees range from ₹50,000 to ₹5-7 lakhs for a contested divorce, depending on complexity.
- If you're an NRI, remember to account for any international legal requirements or inheritance tax in India for OCI.
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Alimony is based on the financial capacity of both spouses. The benchmark is 25% of the husband's salary when paid periodically.
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The court considers factors like financial status, marriage duration, age, health, income, standard of living, and non-monetary contributions to determine alimony.
Child Custody:
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Under Hindu law, the mother gets custody of children under 5. For older children, either parent can get custody based on the child's welfare.
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Muslim law gives custody rights to the mother until the son turns 7 and the daughter reaches puberty.
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Christian law allows the court to decide custody based on the child's welfare, even denying it to unfit parents.
Also Read: How can NRI plan for inheritance of the Digital assets?