The stress of divorce can last longer than anticipated because at times one spouse refuses to follow the rules. Thus, the court orders property division, certain things are made sure that the order gets enforced.
ENFORCING PROPERTY DIVISION IN A DIVORCE
- If the ex-spouse fails or does not follow the property division orders set out by the court, than the other spouse has to go back to the same court to have the order enforced.
- File a lawsuit asking the court to enforce the order. The lawsuit won’t ask the court to change the original order or your divorce decree in any way; it will just ask the court to specify how the property should be divided.
- Other legal actions such as the other party must receive notice and has to respond if not respond it will risk getting a default judgment made against them.
WHEN TO ASK THE COURT TO ENFORCE A PROPERTY DIVISION ORDER?
- Wait for at least 30 days after the court-ordered property division before asking the court to enforce it.
- The Limitation Act, 1980 sets out the applicable time limits depending on the type of claim being made.
WHAT CAN THE COURT DO?
- Perhaps the ex-spouse isn’t following the property division order because the order is unclear in that case the court clarifies the order.
- If the clarification does not result in the desired outcome, than one can file a motion for the delivery of property. Courts can order money damages or/and even have the ex-spouse sent to jail.
- If the ex-spouse still refuses to comply with the property division order than it amounts for contempt.
- The court can also force the ex-spouse to pay the other spouse court costs and lawyer’s fees.
LAWYERS AT G.S. BAGGA & ASSOCIATES ENSURES THAT ALL THE FOLLOWING THINGS ARE TAKEN CARE OF
- Our legal experts review any prenuptial or postnuptial agreements and evaluate the enforceability of any agreement.
- Our legal experts determine all the property/assets that are to be divided.
- Our legal experts prepare and review all relevant financial documents and records.
- Our legal experts find any hidden assets.
- Our legal experts work to divide property including real estate, retirement accounts, family heirlooms and complex property division.
- Our legal experts negotiate for a successful property division settlement.
- Our legal experts prepare for any litigation process if other spouse is not ready to cooperate, or if litigation is in your best interests.
LAWYERS AT G.S. BAGGA & ASSOCIATES PROVIDE SOLUTION TO THE FOLLOWING ISSUES
- Business assets.
- Trusts.
- Inherited assets.
- Offshore assets.
- Properties (Rental, Residential, commercial, land).
- School fees.
- Spousal maintenance.
- Child Maintenance.
- Injunctions to freeze assets.
- Child Custody.
- Vehicles, etc.
- Life insurance policies, term and universal.
- Trademarks, patents, and copyrights, otherwise known as intellectual property.
- Pensions.
HOW DIVORCE LAWYER AT THE LAW OFFICE OF G.S BAGGA AND ASSOCIATES MAY ASSIST & HELP YOU?
- Our legal team compromises of experienced high-net-worth divorce lawyers specialized in all aspects of family law, including matrimonial finances, prenuptial agreements, international law and matters involving children. This allows us to provide every client with a service that combines a wealth of efficiency and creativity to ensure the best possible outcome.
- We help in making our clients understand and explain the grounds for divorce and save from fault grounds.
- We ensure our clients emotional state by providing support with legal factors to secure our clients future and custody issues.
- We help is maintaining the local assets, collect records, liabilities o that the divorce settlement is addressed.
- We ensure that our clients receive the share of property that the marriage has brought in.
- We help in protecting our clients from any debt that is owed to the other spouse.
- We provide great assistance while preparing the papers for divorce with all the essentials and information required.
- We assist our clients preparing a custody plan/parenting plan which will fulfill the need of the child and the parents.
- We provide great litigation skills for our clients case to resolve disputes regarding maintenance, child custody etc.
- We ensure our best in winning the case for our clients.
- We ensure that our clients are taken care of every need and provide the justice that they want.
The best thing you can do to ensure a positive outcome from your divorce case is to hire the right divorce advocate to help you navigate this process. Your advocate can provide the objective point of view of your situation that you may need to counterbalance the emotional weight of the situation. When it is difficult to focus on practical matters because of denial, anger, or despair, your advocate can be the voice of reason who guides you through your divorce case with your best interests in mind at every phase.
At G.S. BAGGA & ASSOCIATES, we understand the emotional side of divorce and help you prevent it from interfering with the practical side of the process. Our firm has years of experience helping clients navigate complicated divorce proceedings in Delhi and can put this experience to work in your case. If you are having trouble accepting that your marriage is ending and are unsure of what you should do next, contact us on G.S. BAGGA website and schedule a consultation with our team. We will help you maintain a more objective view of the situation and preserve your best interests through every phase of your divorce case.
We are always happy and ready to assist you in your hard time.
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Please do not hesitate to contact us at 9213782334 or email us at [email protected] or leave a query at our website: www.gsbagga.com or our assistance.
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FAQs
- How to prove that my spouse is hiding his/her wealth? – If there is any suspicion about your spouse hiding his/her wealth reason being to avoid it from being included in the divorce settlement than it is your right to peruse his/her bank and credit card records and seek disclosure from trusts.
- Is my spouse entitled to my inheritance in a divorce settlement under division of property? – Any money, property or other assets you inherited both before or during your marriage, or that you are due to inherit, could be included as part of the divorce settlement. Your individual circumstances will determine whether or not a specific inheritance will be included in the settlement. You can avoid by postnuptial agreement.
