Abhishek Bachchan and Aishwarya Rai Bachchan's separation rumours have been doing the rounds for a long time. The Bollywood couple, married since 2007, are reportedly staying separately since June/July of this year. They have maintained a stoic silence throughout, but photos of Rai Bachchan without her wedding ring, her skipping father-in-law Amitabh Bachchan's birthday bash, him missing her family events, cryptic posts, and reports of Bachchan's cheating are everywhere. And now reports suggest they are headed for a grey divorce. Now, what is grey divorce? Senior lawyers offer some insights into this trend.
Grey Divorce: What Is It, As Per Lawyers
Dr. Rennie Joyy, corporate lawyer and founder of Aalekh Foundation, says grey divorce happens when couples aged 50 or more opt to end their nuptials. Couples who have been married for long also come under this category. Before Abhishek-Aishwarya, Kamal Haasan-Sarika's 16-year-old marriage was also connected to "grey divorce."
Joyy adds that this is increasingly becoming a common phenomenon across the world and has gained traction in India in the past decade.
Conventionally, marriages in India are viewed as something that is for life and couples stayed on despite the marital challenges and setbacks they faced. Societal pressure and stigma attached to divorce are some of the compelling reasons for them to remain married.
However, in recent times, norms are changing, life expectancy has increased, andpeople have gained financial independence, and personal fulfillment, leading to a spike in grey divorces, points out Joyy.
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Nowadays, "women are not dependent on their spouses for their survival and maintaining their lifestyles," offers Gulfeshan Javed, Supreme Court advocate.
Joyy highlights that this shift in financial control has now empowered women "to make decisions about their marital lives based on personal happiness and fulfilment rather than necessity."
Do Grey Divorces Face More Legal Hassles Than Normal?
As for legal ramifications, grey divorces are not easy. The division of assets, retirement benefits, and alimony is a big factor here. In our country, the legal skeleton that governs divorces is mentioned under various religion-based personal laws, like the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954.
The division of assets also comes under this. "However, grey divorces may necessitate more nuanced legal approaches, particularly concerning retirement benefits and long-term financial security," Joyy says.
When courts decide on alimony or maintenance, they consider factors like marriage duration, age and health of the involved partners, and their financial situation. "For older women who may have sacrificed their careers for family responsibilities, alimony becomes vital for ensuring financial stability post-divorce," she points out.
Retirement benefits, pensions healthcare, and insurance coverage are vital concerns, too.
"The question related to child custody is also a big issue in such matters. Bill Gates and his wife's divorce is one example of grey divorce," adds Javed.
Right now, courts in India treat grey divorces as any other but clearly, they should have a separate set of guidelines. "The lower judiciary will soon need laws or guidelines from the high courts or Supreme Court to handle such issues," Javed attests.
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