• Mutual consent divorce

I am male 48 years and would like to seek Mutual consent Divorce with my wife as I wanted to marry other lady because of domestic issues. Wife is asking for 2.90 crore compensation as one time settlement towards her and child of 18 years education etc.
Kindly let me know way forward
Asked 6 years ago in Family Law
Religion: Hindu

2 answers received in 10 minutes.

Lawyers are available now to answer your questions.

16 Answers

The conditions of the mutual consent divorce is decided by the parties. If she is not agreeing for a condition then you may file a contested suit of divorce.

there is no mathematical formula to calculate the compensation.

 

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

See for the mutual divorce you and your wife has to decide for custody , maintenance .

If you are unable to pay this much amount you can bargain on same and can ask her to reduce the amount

 

If still she fails to agree you can file a contested divorce on ground of cruelty but that shall take time and burden of proof shall be upon you to prove.

 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

One time settlement not good and even if agree fro OTS than child will be include in settlement deed as now child is major.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

2.90 cr is substantial sum of money 

 

2) what is your income ? wife income . kindly clarify 

Ajay Sethi
Advocate, Mumbai
99997 Answers
8163 Consultations

Hi,

The best way of mutual discussion and settlement

Ganesh Singh
Advocate, New Delhi
7172 Answers
16 Consultations

No, You can make settlement as per MOU and than apply in the court for Mutual consent divorce.

 

You can provide her your 15% net monthly income till next 15 years and make as one time settlement not more than that.

 

If you want further details do let me know.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Do not go for mutual divorce. 

File contested divorce.

If you don't want to a maintenance then file RCR petition. If your wife deny the RCR that will be valid ground for divorce without maintenance.

Otherwise court generally orders for maintenance in divorce case. 

RCR is your right and an obligation to your wife. Without justifiable reason she can not deny to cohabitation. When there shall be no valid reason for her to escape from marital obligations she shall not be entitled for any maintenance. 

You can have a try. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

Mutual consent divorce means that you are agreed to the demand of your wife you can negotiate the matter in case you settled down for the less then you can go ahead for the McD but in case you do not agree to the alimony amount then this divorce will be contested divorce.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

If you can pay her the Mount then engage a lawyer and you will get divorce within 6 months.

Also if you cannot or don't want to pay then negotiate with her and reach at a settlement.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

If you are filing for divorce by mutual consent then both the parties can decide and agree for any amount. There is no calculations involved. If the Wife is not claiming any alimony then the husband need not give any alimony. Only if the wife wants alimony then the husband can bargain for the alimony and try to reduce the amount.. 

Mohammed Mujeeb
Advocate, Hyderabad
19380 Answers
32 Consultations

If you are agreeing to the same you can file the same and get mutual consent divorce and agree the amount otherwise it will fail

Prashant Nayak
Advocate, Mumbai
34675 Answers
249 Consultations

Dear Sir,

If you can offer such amount then it is the best option for you to go for mutual divorce to avoid all future complications.

Kishan Dutt Kalaskar
Advocate, Bangalore
6248 Answers
501 Consultations

Dear 

If you don't want to pay the alimony she is asking then either you go for mediation for settlement of alimony amount or you need to file divorce petition against your wife which will take time to reach any decision.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

If you are not able to give the amount demanded by her then you  can refuse to give, but she may not agree for mutual consent divorce.

Dont worry, you can file a contested divorce case on the grounds of cruelty which may run for years.

However you can live with the female of you are in relationship now even during the process of the divorce case.

Your wife cannot file any case against you or that female for living together, but you dont do the mistake of marrying that lady before dissolving the subsisting marriage.

 

T Kalaiselvan
Advocate, Vellore
90198 Answers
2506 Consultations

You need to negotiate the same and come to an understanding with regards to one time settlement.

Pen down the same in the form of MOU and file it along with MCD.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

Dear Sir,

While getting mutual consent divorce husband and wife should reach consensus on alimony or maintenance issues and child custody. According to law, there is no specific limit related to maintenance. It depends on the financial status of both husband and wife and other aspects. Child custody can be worked out effectively between husband and wife by sharing the responsibility between themselves or one spouse looking after the children depending upon the circumstances.

The mutual consent divorce petition is a form of the affidavit, which is submitted in the family court of the district. Once the petition is filed, both the husband and wife statement is recorded. After that, divorce matter is adjourned for a span of six months.

After six months both husband and wife will have to present themselves again in the family court for making a second motion confirming the mutual consent which is filed earlier. Decree of the divorce is granted by the court only after this second motion. Without confirming the mutual consent in the second motion decree of divorce is not granted.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer