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Marc K (Business Developer)     22 September 2013

Query on MOU for mutual consent divorce

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.



Learning

 11 Replies


(Guest)

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.

Marc K (Business Developer)     22 September 2013

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.


(Guest)

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.


Marc K (Business Developer)     22 September 2013

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.


(Guest)

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:))

ANAMIKA VICHARE (LAWYER)     23 September 2013

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

laxmi kant joshi (instructor)     25 September 2013

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.

HK_Jain... (498a Fighter)     26 September 2013

Dont worry

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

 

Hemant

Marc K (Business Developer)     27 September 2013

Thanks Hemant. Appreciate your response.

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

Baadal khurana (none)     06 February 2014

I understand everything you commented. I have one question though. 

So what is importance of MoU if divorce decree is the one which decides validity of divorce ?

What benefits one can get by MoU ?

Nitish Banka (lawyer)     16 April 2018

Posted by: Nitish Banka  Categories: Civil Law Family Law 
 

 

Mutual consent Divorce Procedure and complete guide

What is Mutual Consent Divorce?

Mutual consent divorce is a process by which martial status of a married couple comes to an end. This is one of a way to get divorce and most easiest form compared to other forms like Divorce by DesertioncrueltyAdultery etc. This mode of divorce is normally called uncontested form of divorce and is envisaged in Section 13B(1) and 13B(2) of Hindu Marraige Act 1955. This form is commonly known as first motion and second motion divorce petition both petitions separated by 6 months period.

Procedure to get Mutual Consent Divorce

Here are some of the requirements of getting divorce by mutual consent

  1. Mutual consent

As the name suggest Mutual consent divorce first requirement is that there must be a mutual consent between the couples. That means all issues between them like custody of children, maintenance, alimony have been resolved between them and only they intend is to get a divorce only. There is also a separation period between the couple of not less than one year. the divorce by mutual consent

How to come to a mutual consent

The husband and wife sit together either with the help of close relatives, lawyers or in mediation. They first decide custody and visitation rights of children and their custody normally custody of children goes and decided mutually in favor of wife and husband do get visitation rights if this is decided then they proceed ahead with issues related to maintenance and alimony to wife. Normally husband agree on lump sum and one time  payment of fixed amount in favor of wife and wife on the other hand will not demand any maintenance or alimony in future. only when all the above issues are resolved the mutual consent divorce is possible.

Image result for mutual consent divorce

Mutual consent Divorce

2. Preparation of Mutual consent divorce agreement

After oral discussion its now time to get it on paper here at this stage mutual consent agreement is prepared and which is a detailed documents of whatever has been agreed between the couples they are bound by it. the mutual consent agreement has to be notarized and signed in front of notary public.

3.  List of documents for mutual consent Divorce

  1. Petition of mutual consent divorce both motions along with waiver of 6 months cooling off application in case you wish to waive off 6 months waiting period between two motions. if other spouse is in other country then power of attorney of other spouse.
  2. 4-5 recent photographs to be pasted on petition and agreement.
  3. Proof of marriage which includes either Marriage card with marriage photographs or marriage registration certificate with marriage photographs.
  4.  Id card with address proof

Note: you must carry originals at time of court hearing.

4. Court Hearings

At the time of court hearing you must reach on time and all originals must be carried by you at the time of hearing. Once your matter name is called you must be ready to answer questions put up be judge.

  1. Common questions like date of marriage and separation?
  2. custody of children?
  3. Consent is without any coercion or undue influence?

After basic questions the couple move ahead for verification of original document and hearing is concluded once they sigh on their respective statements.

Conclusion of Mutual consent divorce Proceedings

After the conclusion of both first and second motion court hearings the court will prepare a decree of divorce which is a formal document of divorce and officially couples are separated by decree of divorce and process is concluded.

By Adv. Nitish Banka

9891549997

 


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