Mutual divorce agreement
Querist :
Anonymous
(Querist) 13 September 2011
This query is : Resolved
Hi,
Can somebody provide a draft of mutual divorce agreement. What all terms and conditions should be mentioned from husbands side so that in a later stage wife will not be in a position to claim again?
What amount of percentage should be paid in first motion if husband doesn't trust her wife's family members.
Apart from Agreement What all documentation should be done to make it full proof divorce which can not be challanged. Please tell me the procedure as well, if possible.
Thanks & Regards,
ajay sethi
(Expert) 13 September 2011
it is not possible to give a draft of mutual divorce agreement . it depends upon facts and circumstances of each case .
major factors to be taken into account are custody of children, maintenance amounts to be paid to wife , visitation rights if custody is given to wife, acccomodation etc .
prabhakar singh
(Expert) 13 September 2011
Drafts are always different as they are drafted for individual cases which always differ in facts.ONLY guidance can be given about procedure which should be understood as stated below:..............................
Mutual Divorce is to be filed by the couple only after they have lived apart for at least a year. A petition supported with affidavits for divorce should be filed in the district court by the both the spouses. The husband and the wife should jointly state to the court that they are unable to live together as they are facing immense difficulties in adjustment.
The filing of divorce petition by both the husband and the wife is legally known as the "The First Motion Petition for Mutual Consent Divorce". "The Second Motion Petition for Mutual Consent Divorce" mentioned in the sub-section (2) of Section 13 B is filed when the couple reappears to the court for the second time after a period of six months. If the judge is satisfied after a hearing from both the husband and wife, the court announces a mutual divorce decree.
If the couple fails to appear in the court after six months and not later than eighteen months from the date of first motion, the divorce petition becomes null and void. Either of the couple can withdraw his/her petition within the six months term.
A judgment for mutual divorce is passed out only if all the necessary agreements required for a mutual divorce in India are strictly maintained. The husband and the wife should come to terms of settlement regarding the following issues.
Custody of Child
Return of Dowry Articles / Istridhan of Wife
Lump Sum Maintenance Amount of Wife
Litigation Expenses
For a mutual divorce in India, I would always suggest you to consult an experienced lawyer who will effectively guide you to get the divorce through a mutual agreement done between you and your spouse.
Advocate M.Bhadra
(Expert) 13 September 2011
In your query you mentioned as"mutual divorce agreement",it is not an agreement,it is a petition for Divorce on mutual consent to be filed in Dist. or Family Court.The petition to be made on facts,in the petition you should mention that the petitioner no.2/wife would not claim any alimony or maintenance in future in any Court of law.However,where the marriage has been dissolved by mutual divorce,the divorced wife if unable to maintain herself can claim maintenance till she remarry.(Sadasivam Pillai vs.Vijyya lakhshmi 1987 Cr LJ 765:(1986)3Crimes 508 (1987)1KerLT381.)
Shastri J.K.
(Expert) 13 September 2011
Iagree with Experts.
Raj Kumar Makkad
(Expert) 13 September 2011
I also agree with the views of experts.
Guest
(Expert) 13 September 2011
agree with the experts.
Guest
(Expert) 13 September 2011
added the file you need
prabhakar singh
(Expert) 14 September 2011
Before using the draft attached by Mr.Bishnoi
you are advised to use your common sense about facts you have and do not merely copy cat it.
