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Arjun Gupti (Business)     21 March 2013

Tips for preparing a solid mou for mutual divorce

Can you please suggest me some points that I can include in MOU for a mutual divorce? I need to make sure that I have everything in place so that she cannot torture or abuse me again in future.

History = She filed a fake 498A complaint against me and my family, I went to HC for seeking AB as lower court cancelled my petition. HC judge forwarded the case to mediation center. Now both parties have agreed to settle this case via mediation.

Now what are the most important points that I can also suggest to my lawyer who is preparing MOU so that we can prepare a SOLID MOU for seeking divorce?

Thanks for your help.



Learning

 2 Replies

Tajobsindia (Senior Partner )     22 March 2013

First point:- Any Family Law related MoU remains SOLID till it does not interfere with larger public policies. The moment any clause, comma, full stop, para, sentence interferes public policy it becomes subject to re-open by either party.

Second point - Always ensure that SHE has a man in waiting before entering into MoU as then whatever terms gets mentioned rest assured she will not re-open atleast with you as she will by then be in arms of second man and you on a hammock sunbathing in Goa.

If above two are in mind then next get your advocates drafting skills vetted by another advocate by meeting second professionals consultation fees and then only enter into MoU and rest will be history here on.

You / Your = Generic mentioned here.

Manish Udar (www.Mehnat.IN)     22 March 2013

High court mediation centre will make the MoU for you for free. Check for the following. She will have no claims on your property in present or future. She will withdraw her complaint. She will file first motion and second motion jointly with you. She will not come to your home or work place or call you. She will withdraw all cases and will not file cases again in future. You will also withdraw all your cases after first motion. Payment upon signing of MoU, on first motion, and on second motion, by bank draft.

www.mehnat.in

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