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satish (cbd)     25 July 2012

Document before mutual divorce

Hi,

We would like to take a divorce on mutual understand but we did not complete one year yet. 

As we did not complete one year we can not apply for divorce, but girl side they only agree for divorce when we return all their money and other things back in one or two months.

so we are thiking to write some kind of agreement along with other witnesses.

Is this kind of agreement valid?

Can this agreement save us from girl infeature if they file any case aganist us?

If this is valid, how to write this agreement. What are all things we need to include in this document?

Satish



Learning

 5 Replies

Arvind Singh Chauhan (advocate)     25 July 2012

You can't bind her with such agreement that you have returned her articles and she would not file any suit against you or will agree for divorce. But You may save yourself after getting the receipt of her articles.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     25 July 2012

Get a MoU Drafted by a lawyer, witnesses by witnesses from each family. However do keep in mind if tommorrow the girl chooses not to pursue a mutual consent, she cannot be forced to, this MoU is incapable of enforcment but would remain a record of articles returned back

1 Like

R.K Nanda (Advocate)     25 July 2012

Execute a MOU agreement.

JANAK RAJ VATSA (ADVOCATE)     26 July 2012

if you have  decided to go in for MCD , then better get a mutual petition drafted by a local advocate and present the same in the family court. list out all the articles you are returning to her in the affidavit.

Karan (NA)     29 July 2012

MCD proposal to include following to benifit husband

 - relinquishing all Wifes rights including future maint/alimmony

 - agreement like will not file ant CRPC/criminal cases in future

but better to include one time alimony/mainteanance as one amount.

 

I heard President have new Amendment on HMA. With this cooling period of 6 months is wieved off.

This will help you in case your marriage is falling under HMA.

This is my view


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