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At SAK Legal & Associates, we understand that family law issues are deeply personal and often involve high emotional stakes. Our team of skilled attorneys is committed to offering legal expertise, empathy, and a clear, structured approach to help clients make informed decisions during challenging times. We address each case with a personalized plan, tailored to the unique needs and circumstances of our clients, to achieve the best possible outcomes.
If any of these resonate, you're in the right place.
Separation and divorce are challenging experiences. The positive news: it is possible to reduce the emotional impact of your separation and divorce.
• Guidance on Divorce Types: We manage both mutual consent divorces, where both parties agree to separate, and contested divorces, which may require more intricate legal work and negotiation.
• Legal Rights and Support: We ensure clients are fully aware of their legal rights, including support entitlements, asset protection, and custody options, helping them make educated choices.
• Preparation and Documentation: Our attorneys handle all aspects of documentation and filing to streamline the process and ease client concerns.
• Dispute Resolution Focus: We strive for amicable settlements through negotiation or mediation but are prepared to advocate assertively if needed.
• Prioritizing Children’s Welfare: Custody battles can be overwhelming; our priority is ensuring that decisions serve the best interests of the child.
• Clear Explanation of Custody Types: We explain joint and sole custody, helping parents understand the implications of each arrangement.
• Mediation and Conflict Resolution: Where possible, we encourage mediation to minimize conflict, reducing emotional strain on both the parents and the child.
In India, the determination of alimony or spousal maintenance considers various factors as per the Hindu Marriage Act, 1955, and other applicable laws, depending on the religion and personal laws governing the parties. Indian courts typically assess the following:
• Financial Obligations, Needs, and Resources: The court examines the financial standing, needs, and responsibilities of each party, including income, assets, and liabilities.
• Standard of Living during the Marriage: Courts consider the lifestyle maintained during the marriage to ensure that neither party suffers undue financial hardship following separation.
• Duration of the Marriage: Longer marriages may result in higher alimony, as the dependent spouse may have forgone personal career growth for family obligations.
• Age and Physical/Mental Condition: The age and health of each spouse are taken into account, with special consideration for any disabilities or chronic conditions.
• Contributions to the Family: Both monetary and non-monetary contributions, such as household duties or sacrifices made to support the other spouse’s career, are recognized.
• Property Interests: Ownership of assets, both tangible and intangible, is reviewed. The court considers the division of marital property while assessing alimony.
• Earning Capacity and Employment Opportunities: The court evaluates each party’s qualifications, work experience, and employment opportunities available to them based on their skills and education.
Each case is unique, and the court’s primary aim is to ensure fairness and financial stability for both parties. We work closely with clients to establish realistic, fair support agreements, accounting for ongoing needs like education or caregiving responsibilities.
• Transparent Asset Division: Marital property division requires a thorough understanding of financial documentation. Our team ensures that each asset—financial or physical—is accurately valued and divided.
• Protection of Individual Assets: We advocate for a fair division, ensuring clients’ nonmarital assets are safeguarded and only marital assets are equitably split.
• Urgent Legal Action for Safety: Our attorneys take swift action in domestic violence cases, securing protection orders that ensure client safety.
• Comprehensive Support: We help clients with legal action, counselling, and safety planning to protect their wellbeing and navigate the path to independence.
Committed to justice, dedicated to your success – trust our firm for reliable representation.
