Hi . My mother wants to go for a legal seperation form her husband . However she was told that an MOU is also an option for her . As it'll cut down on time and money . Right now we don't have either. Neither do we have the time for proceedings which will take 5-6 months as after a 2-3years max they'll go for a mutual consent divorce anyway. I want to ask about the legal validity of an MOU . Because as of now we want a document which states the terms and conditions required for the co existence of both parties peacefully , as it has been a troublesome marriage especially for my mother , which has legal validity . That'll help my mother lead her own seperate life and allow space to both parties , because if that space and boundary is not respected it'll be a breach . My mother and her husband as it is relationship wise have a seperated marriage . But since we don't have an official document of terms and conditions , it can lead to my father crossing his line and it turns into fight with him being verbally abusive and sometimes physical force . Hence we need a document establishing code of conduct from both parties . An MOU seems like a viable option as it's quick and not very expensive either . Thanks .'
Hello,
Yes you can go for the same and get the same signed from both the parties, but bear in mind that nuptial agreement has no validity in India. It will be just that both the parties shall have the pressure on them to follow a code of conduct.
Apart from Divorce a suit for judicial separation can also be filed.
Regards
Your parents can enter into MOU laying down code of conduct for the parties
2) in alternative she can file petition for judicial separation
My Advice as per your brief:
Definition: Memorandum of Understanding is merely an agreement or promise between two or more parties. Although it does not has any legal bindings but it is stated that, as it’s a simple agreement only but it has a legal value and can be used as a tool for establishing a contract.
1. You can opt for MOU, but if there is breach of terms and conditions laid in the MOU then you need to approach the civil court under the specific relief act or you can take it as a ground or documentary evidence in your separation or divorce case.
2. If you opt for judicial separation and get a decree or a settlement through mediation duly filed and then decreed in family court. This process will give you assurance and in case of breach of terms and conditions, will lead to contempt of court, crossing of lines will be a criminal offence.
Regards
So should I got an MOU straight up or should I file for an MOU in the mediation stage ? Cuz right now I think a document drafted under legal supervision will also work .
Your parents can enter into MOU at this stage
If you file an MOU at mediation stage then same becomes a part of court proceedings, in this case MOU can only be made after the permission from the court.
Otherwise at this stage the Mou will also work.
Regards
You should straight away opt for MOU under legal supervision.
This is my response to you:
1. This is not morally acceptable method but it is still employed by a major section of the people. In India, a separation agreement is considered against public policy. Hence, courts do not give emphasis to such agreement;
2. You can find a sample here: This Agreement is entered into on _______________________________, 20________, by and between ____________________________________________ and ___________________________________________. The parties were married on _____________________________, _______.
As a result of disputes and serious differences, they have separated and are now living separate and apart, and wish to continue living apart. They intend to settle by this agreement their marital matters, including child custody, child support, division of property and debts, and their rights to alimony. For these reasons and in consideration of the mutual promises contained in this Agreement, Husband and Wife agree as follows:
LIVING SEPARATE. Husband and Wife will live separate and apart from each other as if they were single and unmarried.
NO HARASSMENT OR INTERFERENCE. Neither party will in any manner harass, annoy, or interfere with the other.
CHILD SUPPORT
The ________________ shall pay the sum of INR _______________ per _______________ as support and maintenance for the minor child (name) in the physical custody of the other parent.
The _______________ shall maintain health insurance coverage for the minor child (name) as long as such insurance is available at a reasonable group rate.
Other: ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________
DIVISION OF PROPERTY
The Husband transfers to the Wife as her sole and separate property: ______(Mention the details of the property, both movable and immovable)____________________________________________ ___________________________________________________________________
The Wife transfers to the Husband as his sole and separate property: (Mention the details of the property, both movable and immovable)___________________________________________________________________
DIVISION OF DEBTS The Husband shall pay, and will not at any time hold the Wife responsible for, the following debts: ______________________________________________________________________
The Wife shall pay, and will not at any time hold the Husband responsible for, the following debts: ______________________________________________________________________ _____________________________________________________________________
ALIMONY (This clause varies. It depends on whether the husband is earning or not. If wife is earning, what is the amount she earns. Social status of the couple.)
o Husband shall pay to the wife shall pay alimony in the sum of INR _____________ per ______________, for a period of _______________________; or until the Wife dies or remarries, whichever occurs first.
EFFECT OF DIVORCE OR DISSOLUTION OF MARRIAGE. In the event of a divorce or dissolution of marriage, this Separation Agreement shall, if the court approves, take its effect.
FINANCIAL DISCLOSURE. The parties have revealed to each other full financial information regarding their net worth, assets, holdings, income, and liabilities; not only by their discussions with each other, but also through copies of their current financial statements, copies of which are attached hereto as Exhibits A and B. Both parties acknowledge that they had sufficient time to review the others financial statement, are familiar with and understand the others financial statement, had any questions satisfactorily answered, and are satisfied that full and complete financial disclosure has been made by the other.
10.WAIVER OF ESTATE. Both parties to this agreement agree to waive any and all right to the estate of the other, including ____________. Each party shall be allowed to pass his or her property freely by will.
INDEPENDENT REPRESENTATION BY COUNSEL. Each party has the right to representation by independent counsel. Each party fully understands his or her rights and considers the terms of this agreement to be fair and reasonable.
EXECUTION OF NECESSARY INSTRUMENTS. The parties will execute and deliver any other instruments and documents that may be necessary and convenient to carry out all of the terms of this Agreement.
ENTIRE AGREEMENT. This instrument, including any attached exhibits, constitutes the entire agreement of the parties. No representations or promises have been made except those that are set out in this Agreement. This agreement may not be modified or terminated except in writing signed by the parties.
BINDING EFFECT. This agreement shall be binding upon the parties, and upon their heirs, executors, personal representatives, administrators, successors, and assigns.
_____________________ ______________________
Wife Husband
(Name, Signature) (Name, Signature)
3. Therefore engage services of a lawyer who will explain you in a better way;
hello,
a MoU is an option but it has to be stated in court that such an arrangement exists. during the mediation proceedings if it doesn't work out then this arrangement can be worked out although it is not a divorce decree. the court may pass a restraining order against the husband. the court would allow the parties to live separately and if either interferes then action can be taken against that errant person.
regards
MOU is not valid for divorce but for other arrangements between husband and wife for property, maintenance or staying separate from each other is valid.
The better way will be your mother should complain in police and mediation should be done by the police and it should be recorded undocumented
1. file a divorce case
2. the cooling off period of 6 months is not mandatory now
3. submit to court that parties want to settle the matter as per mutual agreement
4. record the mutual understanding in the form of consent terms
5. file it in court and request court to pass a decree on basis of the consent terms
6. the consent order will be binding on both parties
7. if any party breaches that order, he/she will be liable to contempt proceedings
Separation through a MOU is not a legally valid option.
The MOU is not divorce and any such agreement is not enforceable in law.
The dissolution of marriage by a decree of divorce through a court of law is the valid separation between two.
So should I got an MOU straight up or should I file for an MOU in the mediation stage ? Cuz right now I think a document drafted under legal supervision will also work .
MOU is not a valid form of divorce.
MOU is not recognised and not enforceable in court of law.