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naives (Manager)     18 December 2013

Settlement out of court

Respected Members,

Could you please advice on what type of document is valid when both the parties agree to settle divorce outside court. The girl's side have been big bullies so we are expecting them to ask for very big amount but if we manage to negotiate at least then I feel that my brother can lead a life again...won't use the 'normal' after going through the emotional roller-coaster...

Who should be preparing that document and will my brother and his wife have to apply for MCD after this document is agreed to and signed by both? Even if once the amount they ask for is agreed by us and document prepared and signed, can she ask for more money later? What would be the validity of such document...is this legally binding?

Many thanks



Learning

 2 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     18 December 2013

for divorce you have to approach court only.
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T. Kalaiselvan, Advocate (Advocate)     18 December 2013

The agreement is nothing but the conditions for consenting to divorce mutually between both the parties.  It can be written on a plain paper in a plain language but the terms and conditions should be specific to the subject and there should be no ambiguity. Your question about whether she can ask for more money later?, Yes, she can demand more money at a later stage despite assuring that she will not claim any thing in the future, there are provisions in law for that.

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