Family disputes are best resolved through settlement and compromise rather than prolonged litigation. A negotiated settlement protects the privacy of the parties, reduces costs, and allows both parties to move forward with their lives. TRW — Tahmidur Rahman Remura Wahid Law Associates actively promotes settlement in family cases while ensuring that the client's rights are fully protected in any agreement.
The Family Court's Role in Reconciliation
The Family Courts Ordinance 1985 requires the Family Court to attempt reconciliation between the parties at the beginning of the proceedings. The court may adjourn the case for a period to allow the parties to attempt reconciliation. TRW advises clients on whether reconciliation is in their best interests and, if so, assists in negotiating a reconciliation agreement. If reconciliation is not possible, TRW focuses on achieving the best possible settlement for the client.
Bangladesh also has a system of Alternative Dispute Resolution (ADR) for family cases, including mediation and arbitration. TRW advises on whether ADR is appropriate in each case and represents clients in ADR proceedings.
Drafting a Compromise Agreement
If the parties reach a settlement, TRW drafts a comprehensive compromise agreement that covers all aspects of the dispute — divorce, maintenance, dower, custody, property division, and any other relevant matters. The compromise agreement is filed before the Family Court, which passes a compromise decree in terms of the agreement. A compromise decree has the same legal effect as a judgment after trial and can be enforced through execution proceedings.
TRW ensures that the compromise agreement is fair, comprehensive, and legally enforceable. TRW also advises on the tax and financial implications of the settlement.
How Barrister Remura Meheruba Mahbub Can Help
Barrister Remura Meheruba Mahbub specialises in family law settlement and compromise. Contact TRW at https://tahmidurrahman.com/contact/.
Frequently Asked Questions
Q: Is a compromise decree enforceable?
A: Yes. A compromise decree has the same legal effect as a judgment after trial and can be enforced through execution proceedings.
Q: Can a compromise agreement be set aside?
A: A compromise agreement can be set aside if it was obtained by fraud, coercion, or misrepresentation.
Q: Does a compromise agreement need to be registered?
A: A compromise decree passed by the Family Court does not need to be separately registered. However, if the agreement involves transfer of immovable property, registration may be required.
