I have read in one of the posts the importance of an MOU in a Div by Mutual consent.. Kindly let me know who would draft the same? Also can someone share a copy of what an MOU should look like? or PM me?
Hemang (Advocate) 05 July 2013
The long form of MOU is Memorandum of understanding. It appears, you intend to take a divorce by mutual consent. And, if the petition for mutual consent is already filed in the court, the content itself can be said to be "MOU" arrieved at that point of time. If you have not so filed the petition jointly, get a draft prepared based on the arrangement and mutual understanding. Get it signed. However, mere MOU may not be termed as a decree of the Court. The said MOU or understanding be filed before the court in a joint petition. Solve the issue of residence and maintenance. Give back the Stridhana. You should mention all such facts in the MOU, or the understanding. File an affidavit to that effect before the Court. Also ask your wife to file the similar affidavit that she has received her rights.
You are welcome in case of any confusion.
SAM (LEGAL) 08 July 2013
Please check out the attachment.