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dinesh
07-16-2004, 12:20 PM
This is something I have been confused over a very long time. This is the scenario. Take a western country. Two professionals are married. Then they divorce over some reason. They have no kids. The guy has to give the girl money. WHY?

Surely the woman has freedom in the society and she is a professional. surely she doesn't need help from anyone else? Come to think of it, women can make a living out of marrying and divorcing (a la Catherine Zeta Jones of Intolerable Cruelty)

Is the law wrong, or is it justified to find an individual is liable to give such an amount of wealth to another unrelated individual.

Two recent examples from the UK (and you can find loads more from the US). The owner of the French Connection chain had to pay £40million as divorce settlement. This was to an extent such that he had to sell half his share of the chain to pay this. Is marriage such a heinous crime to have to pay such a heavy penalty?

Secondly, footballer Ray Parlour, who earns £1.2 million a year, was originally to pay £250,000 a year for his wife. But she went to court on the claim she shielded him from the wrong ways of celebrity lifestyle, and hence looked after his career and won £450,000 a year. That's almost half his earnings. Consider a guy on £40,000 a year, a normal prfessional. After he coughs up half his earnings to this "ex", if he wants to start a new family, he has to do it in a council estate presumably :sm12:

Very confused about all the injustice in this world ;)

PS: I know it is very tongue-in-cheek to have started this conversation in women's forum. All the mischief was well and thouroughly intended. :sm12:

anainar
07-16-2004, 12:36 PM
Dinesh,

Indian laws are biased towards women for sure. But I think western laws are equal. When two people marry, they get to live the life at the standards of the richer partner. If the marriage breaks up, they expect to live the same standard. The wife who was earning $50k might get married to some one making $10 million and the law expects her to live the life as if she is earning $5 million after breakup. Western laws are equal that way. If one marries a rich girl, and if divorced, she has to cough up the half. Except we dont see that happening often as rich women are very less in number and even less is their divorce and other things coming to public.

Indian laws are biased. The husband has to give alimony, but the wife does not have to. Also, the alimony is not fixed amount of money. Today at the time of divorce, the guy might be earning 10 lacs and court fixes alimony appropriately. A year later if his salary goes to 20 lac, the wife can go to court and ask for more money since the guy is making more. And this can be done at any point of time till you die.

All these makes marriage such a financial comittment from which you cannot escape except by death. It should be "Death, Taxes and Alimony"

Cheers

PS: Of course you are going to get a mouthful when Shy madam returns from her project next week. :sm12: :sm12:

Bluelotus
07-16-2004, 02:12 PM
The point that many men conveniently forget is that If the woman was earning more than the man...which is very likely ...she too would have to cough up alimony.
So it isn't just about favouring women over men..simply the poorer partner whom may have contributed towards the the sucess of the other indirectly.
I know very little of the Law in England...and absolutely nothing about the law anywhere else.

Frankly if they were stupid enough not to have a prenuptial...then what can I say :Ksp:
and of course alimony payments should be kept at the same level as the pay rise :wink:

Dinesh, young man ...don't worry ... :ee: well that is unless you plan on getting leg-shackled :sm12:

Anainar ...worng ....you can escape from alimony...simply do not marry ...if you do have a water-tight prenuptial....or don't get divorced...now taxes and death...nope no escape there :wink:


blue.

dinesh
07-16-2004, 02:22 PM
Now I wonder why we never seem to hear any news about women paying up to their ex-husbands? :think:

anainar
07-16-2004, 02:42 PM
Blue,

Prenup does not abolish alimony. If a person has $100 million before marriage, that will be kept intact in case of divorce. The partner cannot ask half of that. What ever they make after marriage will be held together and the alimony has to be paid. Except that $100 million will not be considered while working out the quantum of alimony.

Wrong again Bluey!! You can escape taxes too. Dont earn anything. Then there is no tax to be paid. :wink: :wink: So only death is inevitable. How about that?

Cheers

Bluelotus
07-16-2004, 02:48 PM
Anainar,
do you mean like becoming a beach-bum :ahha: ?
yup that way you esacape everything except death :sm12:

thanks about the Prenup tip :00: cor didn't realise...here I was counting on that :doh:


I think we should warn ppl about getting married :think:

will look up cases of women paying alimony...but better ask the resident lawyer


blue.

vasan
07-16-2004, 05:40 PM
No... I think prenups could cover alimony part - both men side and women side. Child support (if the couple have children together) is different. Both parties have to cough up.

Indeed, even in divorces, if the man or woman involved chuse (as Austen would say) not to take alimony thats perfectly ok for the law.

Couple of celebrity things (just off the pages, have no way of verifying)... Michael douglas has signed a water tight thingy with Catherine Z Jones. J-Lo does not pay anything to her first husband (except for the work he does managing her hotel). And Britney is not planning on signing one inspite of every one apparently advicing her...

Never been there, so can't say for sure.. :wink:

Vasan

anainar
07-16-2004, 06:50 PM
Vasan,

Law does not mandate alimony unless otherwise the other party asks for it. If they dont care, law also does not care.

I am also not there and my statements are also based on some basic reading. May be there are clauses that cover alimony part also. Who knows and who cares, now that I have no chance of writing a Pre Nupital. :wink: :wink: All those skeptical characters out there, and wallet watchers are better off reading about Pre Nup and get it signed before shackling your feet.

Cheers

vennai1
07-16-2004, 07:33 PM
wow thats an interesting read :P
divorce laws are very complex especially the indian ones coz their roots date back
to 1800s and though culture has changed quite a bit after that, laws dont reflect
quite enough till date :?

iyanaar, we can see equality in divorce laws for men and women, only
when social equality of women and men become established.
so until then, the judicial system has to be the savior for most of our
divorced women. which is why the laws tend to side a bit towards women,
though there are other insidious pressures on exacting alimonies usually :?

vennai1
07-22-2004, 09:59 PM
hey was wondering if anyone here have seen the movie 'intolerable cruelty'
starring catherine zeta jones and george clooney ?? :think:

vasan
07-22-2004, 10:08 PM
yeah..

Only redeeming feature in the movie was Ms. Jones.. :P :P :P Pathetic movie - but very much in line with this topic.. :P :P

v-

vennai1
07-22-2004, 10:28 PM
smelly, yes it sure is a pathetic movie but for zeta jones.
but how it explains the intertwined aspects of trust and prenups is
very discernible. :? prenups are still not the law but that time might
not be far from now ! :)

anainar
07-22-2004, 10:34 PM
Well, it may not be far that online companies churn out a Do it yourself Pre nup kit for $29.99 like they have Divorce kits.

I did not see that movie. May be I should get the DVD and watch it. Zeta!! Mmmmmm!!! Yummy!!!!!

But this equality is false. Law cannot be biased like this. It is time that those law makers look at this convoluted procedures and make life simple for two who dont want to live together and move on. US itself has different laws for different states. California has the least stringent laws and hence many people move to Cal and get divorced. Funny to know to what extent people can go to break something.

Cheers

vennai1
07-22-2004, 11:11 PM
But this equality is false. Law cannot be biased like this


iyanaar anne,

laws change from time to time. if need arises Indian divorce/marriage laws
might also change :)