Rajat 12 March 2016

Memorandum of understanding between husband and wife

Hello All,

My wife has been living separately from me and after too much efforts, we have reached to some settlement points. Primarily, I will have the child custody and she will have the visitation rights and interim custody only during school vacations. I will pay the maintenance allowance to her every month until she becomes self dependent or remarries and will continue to provide the health insurance until we are divorced legally.

I have the MoU format along with the detailed wordings. Now, do I need to get this MoU stamped by notary using e-stamp article 58 (Memorandum of Settlement) or can we just sign the MoU along with 2 witnessess on the revenue stamp? Please help

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8 Replies

Rajat 12 March 2016

Dear Members, please assist on this. which option will be legally valid? I have to get it done today

saravanan s (legal advisor) 12 March 2016

sign the MoU along with 2 witness and mediator

Rajat 12 March 2016

Many thnx for your reply! Who is a mediator? Or, who can be a mediator? After siging, shall I get it stamped by notary public, will that be considered as mediator?

SAINATH DEVALLA (LEGAL CONSULTANT) 12 March 2016

Get the MOU efficiently drafted by a lawyer incorporating all the points agreed upon by both of U.This will avoid any future complications.If U are going for MCD,it need not be notarised but the MCD application along with the MOU(Duly witnessed from both the sides) entered can be directly submitted to the court.

SAINATH DEVALLA (LEGAL CONSULTANT) 12 March 2016

Who is this new intruder with an irresponsible and an vague reply,confusing the querist. Better add value to our reply and assist the needy.

FREDYCHARLES RK - Bangalore (Advocate) 12 March 2016

Rajat,

If in Bangalore, we can assist you good not sure if we know each other in this small world. Charles RK

Shreshta@ JA Beno AOR supreme (AOR supreme court of india ) 13 March 2016

In matrimonial affairs MOU will not stand as a Legal document rather than this i advice you to file a jount affidavit in the court for mutual Divorse with all the conditions incorporated in it and the same will be a binding on both the parties.

Cont 9999199784

Satish Mishra 22 March 2017

It is always better to file the MOU along with the divorce petition. Even though the mou signed in the presence of 2 bona-fide witnesses is equally relevant. Going through a lawyer can help you include vital points which may help you evade future responsibilities.