Mediation or otherwise, however you choose to get your mutual consent divorce, make sure of the following:
- The settlement is Court-approved.
- Tere are provisions in the settlement which specifically state that both parties have sought legal advice, have entered into the settlement on their free will and also sought advice from elders. Have at least two of her elders sign as witnesses.
- One time alimony should be properly worded. Make sure that there is language in the settlement that she has received fair value for any and all rights she may have or accrue in the future against you. Furthermore, that any changes in circumstances in the future does not entitle her to demand more maintenance and/or for you to seek any refund from her.
- State that both parties agree that the reason for the divorce is irreconciliable differences and no other reason.
- State expressly that within xx days, wife shall withdraw all pending cases against you and that within xx days of the withdrawal of the cases you shall pay her the one-time alimony of Rs.....
- State expressly that if the wife files any case in the future against you for any reason whatsoever violates any provision in the settlement, then you are unconditionally entitled to the refund of the alimony plus interest @15% plus penalty of Rs. xxxx.
- Demand that wife not use your surname in any matters in the future and that she will change her surname within xxx days of the signing of the agreement in all official records, including but not limited to bank records, passport, employment, etc.... this way you do not have to file a separate proceeding for this.
Add provisions to protect her too so that it does not sound one-sided. For example, that you agree never to contact her in the future for any reason whatsoever. That you shall return all her belongings (list them) upon signing of the agreement, that you....
Remember that a one-sided contract is not easy to enforce. Besides, she should feel comfortable that she is getting something reciprocal for whatever she is agreeing to...
... I can keep going on.. but you get the point... Think of all the bad things she can do in the future and write provisions in the agreement to prevent her from doing so and have proper remedies in place in the agreement itself. Then think of all her concerns and try to put them in the agreement too...
if she has no malafide intentions she will agree to the provisions. Get as many witnesses from her side as possible on the agreement...
MAKE THE AGREEMENT A WIN-WIN PROPOSITION. BOTH OF YOU SHOULD BE HAPPY TO SIGN IT. THATS THE KEY. DO NOT TRY TO SHORT-CHANGE HER. DO NOT HAVE MALAFIDE INTENTIONS YOURSELF EITHER.
