Hello all,
Some very basic questions on a mutual consent divorce. Please help with the same.
Background: Myself (male) got married to my wife in November, 2011. After marriage I discovered that I had problems related to impotency. Apart from that problem, we were an extremely happy couple, even seen by our families as well, although we hid this problem from everyone. I also did a mistake of not taking medical help for my problem. Suddenly this July, my wife told she wants to separate because of my impotency problem. While I tried my best to convince her by taking medical help etc. she did not agree. Key points to be noted here:
1. There was no demand for dowry
2. There was no physical violence or abuse of any kind from either side
3. She works and earns around 25 K per month while I earn around 60 K per month. Both are private jobs in reputed companies
4. Never even once, i asked or initiated the separation. After a lot of attempts I agreed to separate because she wanted to
5. Both families do not want to go to court and want to settle out of court (She has a younger sister)
6. We do not have kids or any property on our names
Present status: With the help of a lawyer, we framed a draft agreement keeping in mind the above things, and did an equal division of existing assets to both parties. We want to submit it in court this month, post which we will be absolved of mutual responsibilities, while divorce / annulment will be granted at a later date of 6 months. She and her family are ok with all the points except the point of alimony.
Questions:
1. Since we both want to settle out of court, we have drafted as a mutual consent agreement, which, to my knowledge means that we are equally dividing all combined assets. In this scenario, if they want alimony (monthly or one time), is it legal to ask? If yes, what if we change the drafting to indicate she asked for divorce and not I? Will alimony still apply?
2. Considering our monthly salaries, and we both work in private organizations, and both of our families have the same economic status, what is the maximum alimony I should agree for in this case? She already has all the wedding jewellery from our side and her side, plus around 3 lakhs of cash of mine. Apart from this the only major asset was a Hyundai i10 car purchased in Feb 2013 (4.6 Lakhs price, out of which 2.6 Lakhs is on loan) which I am keeping. We both stay in rented house. Other major assets include a Honda Activa scooter purchased by me in 2011 and furniture, which I have already agreed to give it to her.
3. Lets say I agree to give a one time payment of X Lakhs, should I include this amount in the agreement? They were leaning towards not having it written in the agreement. While I totally understand it is important to have this transaction legalized, what if they refuse to sign if this transaction is included?
4. Let's say, we both sign this agreement and submit in court, and after 6 months she comes and apologizes and tells she does not want to separate, can she then show that I am leaving her and demand alimony?
