A mutual consent divorce petition has to be filed and all that has been agreed to between you two has to be specifically stated in the divorce petition. You noth have to act accordingly. Nobody can go back and not give money as it has been stated on affidavit and it would be contempt of court.

That agreement itself is included in the divorce petition. It has to be filed in court.

Hello,

1. There cannot be an out of court settlement of divorce or the amount he is promising to return.
2. If he is willing to comply by terms and return the money to you, you can  convert the petition to a petition by mutual consent and the consent terms be submitted in the court that can take care of all your concern and he will be bound by the court order based on the consent term and it can be enforced if he fails to comply.

Dear Ma'am,

1. there can be no out-of-court settlement for divorce. 

2. given your case, the money can be taken and can be paid for filing divorce by Mutual consent in the court of competent jurisdiction. 

Thank you 

• For further assistance, you can book a consultation with me.
•  

Look like there is a already a divorce case pending, and it is owing to the pressure of the said case; that your husband is reedy for a compromise.

In such an event, you both may enter into a compromise and request the Court where the divorce petition is pending to dispose off the case in terms of the compromise entered.

Take help of a local lawyer. 

You can enter into agreement for divorce e by mutual consent 

2) alimony amount should be paid to you  at time of signing of agreement 

Settlement of issues between you both namely payment of one time settlement amount or return of your amount and the exchanges of items between you both are your own decision which can be reduced to writing by entering into a memorandum of understanding between you both, the court cannot interfere in this.

The mutual consent divorce is a different subject.

However you can impose a condition to settle at least 50% of the amount at the time of filing the divorce papers and balance at the time of second motion of this mutual consent divorce case confirming your decision.

This would make sure that he do not withdraw at the last moment or express his unwillingness at the time of second motion.

1. If I understand correctly then he does not want this agreement to be made part of mutual consent divorce. There is no harm in executing such an agreement.

2. Divorce can be granted only by the court by passing a decree to dissolve the marriage. It cannot be dissolved through an out of court agreement.

-    Divorce can not happen on stamp paper/Agreement/out of court.

Divorce can happen only from court.

No such agreement have any value.

-    You can take money before divorce from court If he is ready to give.

-    You need a lawyer to handle your papers.

Don’t go with his lawyer.

Under Muslim Law, there are two forms of mutual consent divorce, namely: Khula and Mubarat.

In mubarat, the outstanding feature is that both the parties desire divorce. Thus, the proposal may emanate from either side. In mubarat both, the husband and the wife, are happy to get rid of each other . Among the Sunnis when the parties to marriage enter into a mubarat all mutual rights and obligations come to an end.

you don’t need to file petition for divorce by mutual consent 

Under Muslim Law, there are two forms of mutual consent divorce, namely: Khula and Mubarat.In both these forms, the wife agrees to part or let go of her dower or a part of some other property.As per Muslim Law in a case of mutual consent divorce, the wife needs to pay some compensation for dissolving the matrimonial union.

The word 'mubara'at' means 'freeing one another mutually'. Mutual divorce takes place in the form of 'Mubara'at' when: Both husband and wife consent to ending the marriage. You (husband) have to say 'talaq' once.

Under Khula, the wife gives or agrees to give a consideration to the husband for her release from the marriage tie. Relieving the husband from payment of Mahr to the wife is also a consideration.

Dear Sir,

Yes, you may file a mutual consent divorce. 

• Either the husband or the wife can make the offer.
• The other must accept it.
• When accepted, it becomes irrevocable
• Iddat period necessary

• Either the husband or the wife can make the offer.
• The other must accept it.
• When accepted, it becomes irrevocable
• Iddat period necessary

- When the parties to marriage enter into a mubarat all mutual rights and obligations come to an end ,and it can be settled out of the court 

- However, if there is dispute then either of the parties can file a petition before the court. 

Only if the marriage is solemnised under Special Marriage Act.