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Baadal khurana (none)     06 February 2014

Importance of mou in mutually consent divorce

I am curious to know what is importance of MoU in Mutual consent divorce ? What it can safeguard against and what it can not ? Can one party agrees to apply for MCD by petition in court but not sign MoU ?  If  one party agrees to apply for MCD by petition in court and does not sign  MoU what are the consequences and  what would be course of action for other party in that case?



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 4 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     06 February 2014

 A flawlessly drafted MoU (Memorandum of Understanding) that settles the terms on which you part away, people don’t understand the importance of this, this is extremely important so as to end the matters with a finality once and for all, there are no loose ends and make sure there is no litigation in future;

 

Once the above is done – you have to get drafted the Divorce petition that encapsulates the contents of your earlier MoU.

Akhilesh Arora (Advocate)     06 February 2014

I concur with the opinion of Mr. Ramachary. It is essential in your best interests to make the MOU an integral part of your petition for Divorce by mutual consent. The MOU stipulates the terms and conditions of the settlement arrived at between the two in consequence of which both parties agree to dissolve their marriage by a decree of divorce by mutual consent.

If either of the party fails to abide by the terms and conditions of the MOU then the petition for mutual divorce may not stand on a strong footing.

Regards

Akhilesh Arora

T. Kalaiselvan, Advocate (Advocate)     07 February 2014

A MOU is not an essential criteria to be accompanied with your petition for divorce under mutual consent.  But it is a document wherein both the parties agree upon the settlement of future liabilities against each other on all the issues that may arise in the future.  It has its own importance,so the choice is yours.

Baadal khurana (none)     08 February 2014

Thank you Experts for your inputs.

What if one party is living outside India, what process should be followed to get MoU singed ?  

Can one party sign it in front of notary in India  and other party sign it front on notary outside India ?

Can that be valid process ?  If not, what is valid process for signing MoU in the case where one party resides outside india? 


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