• Divorce by mutual consent

Can anybody help me out to make an understanding agreement(mutual consent) between me and my wife. 
As she is earning upto rs.35000/- per month we have come to following terms of settlement.
01. i have to give her a furnished flat by selling present house.
02. i have to give her the car.
03. amount of at least rs.10000/ per mont for next 1 year to get her settled. 
04. i have to pay for her mediclaim & personal accident premium for next 5 years. 
Above is the major points. please also inform what other points are to be kept for the mutual consent.
Asked 7 years ago in Family Law
Religion: Hindu

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7 Answers

1) if you have any children custody of children has to be mentioned

2) it should be mentioned that stridhan of wife is in her possession and there is no exchange pending between parties

3) if any cases have been filed by wife they should be withdrawn

Ajay Sethi
Advocate, Mumbai
95216 Answers
7611 Consultations

5.0 on 5.0

1. if she is employed then I am at my wit's end as to why you are succumbing to such one sided agreement.

2. If your wife files any case for maintenance she is not expected to grated with a single penny.

3. However of you agree on it then make it reflected in the mutual divore petition .Apart form this there is nothing more to make comment upon.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1. Mutual Consent Divorce petition is filed by agreeing to the terms and conditions by both the parties.

2. She has demanded the above like buying her a flat, paying rs.10 K for one year etc. and it is up to you whether you shall accept the said terms for getting the MCD or not.

3. If you agree for the stated terms, then you may sign the MCD petition.

4. If you feel that she is too demanding, then you can refuse to sign the MCD petition along with her and ask her to tone down her demands to enable you to sign the same.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

It is suggested that you should engage a family lawyer of the area where you have to file for consent divorce decree to draft a suitable petition requesting the court for the same.

The consent terms will be supported by both of you by way of affidavit and shall form a part of consent decree granted.

Advise your Advocate to put in a clause that this settlement is full & final and either party has no claim whatsoever in future.

Sushil Jha
Advocate, Patna
283 Answers
5 Consultations

5.0 on 5.0

Divorce by Mutual Consent is as the name suggests is when both parties ie; husband and wife comes to a mutual understanding that the marriage be dissolved amicably. It is clear that one of the parties may withdraw their consent at any time before the passing of the decree. The most important requirement for a grant of divorce by mutual consent is free consent of both the parties. In other words, unless there is a complete agreement between husband and wife for the dissolution of the marriage and unless the court is completely satisfied, it cannot grant a decree for divorce by mutual consent.

The Conditions are to be decided by you as own wish and settled with to your wife.

Ajay N S
Advocate, Ernakulam
4080 Answers
111 Consultations

5.0 on 5.0

If you want an agreement then get it drafted by a lawyer. We do not create and post agreements here in the question-answer section. You are free to engage any lawyer from this portal to draft the agreement.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

The points mentioned in your post is about what you have to give her but what about the points that are mutually agreed between you both, regarding the child or children custody; children education; personal liberties and other conditions and its violations etc.

No doubt you have covered major conditions to appease her and also for an amicable mutual consent divorce.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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