Mutual Consent Divorce

Querist : Anonymous (Querist) 13 September 2010 This query is : Resolved
My husband and I are filing a mutual consent divorce. I would like to know if there are standard formats for this available online. I would also like to know how I can add the point that the joint property we hold will be contested separately at a later date. Is it possible to do that even after the divorce is granted?
I would appreciate an expert's opinion on this.
Thanks in advance.

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s.subramanian (Expert) 13 September 2010
Divorce has nothing to do with the property rights. Even after divorce you can enforce your property rights. There is no bar.

M/s. Y-not legal services (Expert) 13 September 2010
Yes. I agree..

Kiran Kumar (Expert) 13 September 2010
property dispute is a separate issue, however while filing divorce petition on the basis of mutual consent you both can settle property matter also. It will make a additional ground for any future litigation if occurs on the property issue.

the settlement wont form part of divorce decree or proceedings but the compromise if any entered between the parties.

Devajyoti Barman (Expert) 13 September 2010
Since the issues are separate you could fight for the joint property any way and no separate clause need to mention. Still for avoidng any complications both of you could simply mention such thing in one of the paragraphs of the mutual divorce petition.

Raj Kumar Makkad (Expert) 13 September 2010
No specific performa is available for mutual divorce as required. Each and every case has its own facts. No hard and fast rule is required to be adhered in this petition xcept that both the parties have decided to take mutual divorce at their own sweet will.

Much has already been advised/opined on property matter.

Daksh (Expert) 14 September 2010
Dear Anonymous,

You may refer to chamberpractice.com vakilno.1.com etc. for the purposes of procuring format

Best Regards

Daksh

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