Query on MOU for mutual consent divorce

Business Developer

Hello Experts,

I got married in August 2012 and since then have been harassed by my wife and her mother. Now finally after a lot of discussion she agreed for a divorce by mutual consent and we decided on filing the same in court.

Before that we have made a MoU stating the terms on which we would be separating mutually. In the MoU she also claimed some money as full and final settlement. We exchanged all our belongings. We got the MoU notorized also. I gave her the cheque for the settlement amount also. In the MoU it has been clearly mentioned that she's agreed for divorce and no further claims would be made by her. The MoU was signed in the presence of our lawyers and by our parents also.

Now we are in the process of filing petition in the court. I have a query on how do I further safeguard myself in case she thinks of playing any dirty tricks. Can I show this MoU in the court ? Would this be a valid proof since it's notorized?

I'm not interested in contesting and just want to move on in life as my family and myself have had enough of the torture.


Please advice.

 

Thanks.

 
Reply   
 
Social activist and ESIS Legal Consultant (everysufferer isasaviour@gmail.com)

My dear The gr8 man do you ever think that mere signing on MOU before first motion and get that notarized you have got divorce decree?


You have done blunder mistake by handing cheque before second motion and even in the absence of court.


There is no rule right now which say's that once MOU signed you got decree, for geting final decree you both have to be present for first motion and give your facts about so and so cause you both are permanently seperating. Then again after 6 months you both have to reperesent the same megisterate and accord your ascent on speration,then after one or two weeks you will get decree.

 

In this crucial time frame,even after first motion if she want's then she will walk out...!!

 

There is no law for it right now,that's what a new marriage amendment bill 2013 is on the rock...


The Mou which is made should be mentioned by each and every doubt's which you have in your mind and it is alway's prefferable to sign infront of the judge and the alimony has to be passed once you both come for second motion infront of the judge.


Now,recall yourself and see what can be done , consult your lawyer,just research this LCI how to safeguard you MOU and final alimony in MCD.


Best of luck.


Regards.

 
Reply   
 


Business Developer

Hello Sir,


The MoU states all the terms on which we have agreed upon. Now how do I safeguard myself? I know that this is not the decree, and we need to file the petition, but now what do I do??


Please advice.

 
Reply   
 
Social activist and ESIS Legal Consultant (everysufferer isasaviour@gmail.com)

Do both party have hired a single lawyer? or each are having seperate lawyers?


If both having single lawyer,then talk to him and make a clause in MOU that final settlement of money should be taken by wife on the date after second motion/date of decree.


If you have handed cheque,then ask your bank to cancell it.But before that do have a amicable talk on this issue,as it not create any misunderstanding,just convince the other party that the legal procedure of giving settlement amount is through court and infron of megisterate after second motion.


You can make post dated cheque or demand draft and hand it to her once the ascent of second motion completed and decree is only left for formality.


Brother whatever you do plz do it safely.Don't ruin this opportunity of MCD bcz those who are lucky only get chance to end the dead marriage through MCD and with a genuine amount.

So,don't miss it.


 
Reply   
 
Business Developer

Hello Sir,

The cheque has already been submitted in the bank. Both my lawyer and her's have agreed and signed on the document.

We are filing the petition this week and all belongings are exchanged. Now what do I do? Please advice.

 
Reply   
 
Social activist and ESIS Legal Consultant (everysufferer isasaviour@gmail.com)

Dude if cheque has been submited but not cleared then you can stop at last moment also as you are main Account holder from whose account that said amount will be transffered to her account.


Now,cross you finger that she won't ditch your second motion or even first motion for MCD.


It seems you have trust on her and her family even you have trust on you lawyers suggestion.


The last moment you are coming here and asking suggestion's doesn't sound good,if you were damn confidence and you have allready taken such step's then what the pupose of asking suggestion at 12 odd hrs.


Now,talk to your lawyer and ask him to modify MOU and see that amount can stopped or not?


rest you know better your current wife know's better..!!!


Ameen:))

 
Reply   
 
LAWYER

It is a big mistake that you handed over the cheq...you should hv filed mutual consent petiion and deposit the amount of alimony in the couert and after decree she should be allowed to withdraw

 
Reply   
 
instructor

You have done a blunder mistake to hand over the cheque to the party without taking court in confidence .in first motion you have to filed petition for mcd and in second motion you submitted the cheque of alimony as per your MOU settlement in the court and the party collect the cheque from The court after decree.
 
Reply   
 
498a Fighter

Dont worry

Just file first motion as soon as possible and get it recorded that all money has been already deposit in ac.

 

Hemant

 
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Business Developer

Thanks Hemant. Appreciate your response.

Thanks a lot guys. Its really an eye-opener for me. I'll be filing the petition on Monday.

 
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