Anir (Supervisor) 16 February 2014

Mutual divorce- maintainence in mou

Hi Respected Lawyers,

We are planning to file mutual divorce and things are under discussion. I have few questions here.

1- Is it good to mention final settlement amount/alimony/maintenance amount in MOU with request to give this money after decree of divorce.

2- If both parties are exchanging jewelleries so should we mentions it also in MOU?

Please let me know.

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6 Replies

Gautam Kapoor (IT professional Studying Law) 16 February 2014

@Anir, Good that you are still in talking terms with the opposite party. Strongly Advisable to go through the MCD/settlement proceedings/exchanges via the court.

Biswanath Roy (Advocate) 16 February 2014

In reply to your first and second question I opine YES..

Anir (Supervisor) 16 February 2014

Thanks so much.

gautam (not disclosed) 16 February 2014

Yes,put everything in the MOU Also mention that there won't be a any claim in future by the opposite party

gautam (not disclosed) 16 February 2014

Not sure, but wife gets 50% in residential properties and rest judge is given powers to decide the alimony considering the merits of the case However after the lok Sabha passes the bill, clarity will emerge

T. Kalaiselvan, Advocate (Advocate) 17 February 2014

@Anir: the answerrs to your questions:

Is it good to mention final settlement amount/alimony/maintenance amount in MOU with request to give this money after decree of divorce.

Yes, it is always better to mention the one time quit lump sum alimony amount in the MOU attached to the MCD petitionto be given afterthe decree of divorce.

2- If both parties are exchanging jewelleries so should we mentions it also in MOU?

This is also an essential item to be mentioned in the MOU, so that there is no claim in the future in this regard by both the sides.