Answer:
Yes, during mutual consent divorce settlements, you can have terms for maintenance/alimony and child custody both. During mutual consent divorce proceedings spouses are allowed to discuss such important aspects and mutually agree upon before coming to family court. Settlement agreement will help you avoid any unexpected future conflicts and makes things clear regarding entitlements of both spouses.
Mutual divorce settlement agreement may include terms about one-time maintenance/ monthly maintenance, child’s education expenses, medical expenses, custody/visitation, child support and any other financial terms on which spouses agree to. When agreeing to divorce and have children involved, court’s decision for granting approval on child custody terms is based on child’s welfare and best interest.
Even though you both may mutually agreed to above said terms, court’s decision in the final divorce decree is based on whether the set terms are fair and fit into legal terms. Always draft your settlement properly. Having unclear terms in the settlement may lead to future problems.
Advocate BK Singh can handle mutual
By Advocate BK Singh
Supreme Court | High Court | Tribunals
