Wife relinquishing her rights to claim any further maintenance post mutual divorce
Me and my wife are going through mutual divorce. Have a 7 year old kid. The one time settlement amount including money for wife and child has been settled to 60 lacs.
I have question regarding the clauses in draft petition that is getting filed.
It has been written in petition by wife's lawyer that after this 60 lacs one time payment, wife will not claim any maintenance for herself and/or on behalf of child in any situation whatsoever in future.
However I also wanted her lawyer to write that wife is "relinquishing her rights to claim any further money in future" but her lawyer is not writing this "relinquishing of rights" point.
Hence my question is -
1. Will her lawyer's point that wife will not claim for herself or on behalf of child is enough to save me from any further demand of money after divorce, say after 5 or 10 years?
2. Is it necessary to put my point as well that wife to relinquish her rights to claim along with her lawyer's point?
3. Is it safe to write any one of these two points instead of writing both the points on petition?
Asked 26 days ago in Family Law
Today, when the filing date is nearby, my wife is demanding a separate "document" from my side which will mention that in my absence, everything that I'll have after the divorce (property/investments/savings in my name), should automatically go to my child although I am giving enough one time money for my child. And my wife wants to add this "document" with the final petition that we'll submit before final hearing in court.
Today I don't have any plans of remarry due to the bad experiences, abuse I have faced so far but life is uncertain. After 5 years, I might find someone whom I might want to marry.
Hence, my questions are:
1. What kind of document should I make here? will it be a "will" or legal heir or succession certificate?
2. Can she really attach such kind of "document" along with final petition during final hearing if I make one under her pressure? Does honorable court allows such "document" to be attached with mutual divorce petition?
3. I believe this kind of "document" will be harmful for my 2nd wife if I decide to marry again in future. So if my current wife attaches such "document" with final petition, can I make a further, proper registered "will" later to override this "document" my current wife is pressurizing me to make?
4. My wife says she wants to ensure via the "document" that my child's biological rights stays on my investments/property after divorce & that, in my absence, it should go to my child. So after divorce, if I marry anyone, will it be safer if I keep all investments, savings, property in my future wife and child's name? As otherwise, if I keep anything in my name, my ex-wife on the basis of this "document" will harass my future family.
So please suggest me what should I do as my current wife has mentally tortured me over so many years & even after divorce, she doesn't want that I live a peaceful life as she also knows if such "document" is attached with divorce paper, no girl will agree to marry me in future.
Asked 17 days ago
I haven't got full clarity on my query, hence putting it again.
The petition has now been filed. Wife saying before final hearing, I should write on paper that everything I'll have in my name, upon my death, should go to my child & she wants to attach this paper or add such clause in final petition during final hearing so that I am bound to give everything to my child legally.
So am thinking if in future, I go for 2nd marriage and have a child out of it, then:
1. How to protect the rights of my 2nd wife and child from 2nd marriage on my finances, property?
2. I am already paying enough alimony & one-time big amount cash for child maintenance. And now after spending so much money in the divorce, I don't want to give anything else to my wife or child after divorce or post my death.
Hence if I go for 2nd marriage & instead of investing or keeping any asset in my name, if I invest everything in the name of my 2nd wife or future child, be it property or mutual fund or any other investment, upon my death can my first wife or first child come & claim from those assets if I buy the property in my 2nd wife name or do investments in my 2nd wife or future child's name?
3. If I go for a 2nd marriage and I buy the property only in my 2nd wife's name and my name is only there in home loan (jointly with my wife being owner), upon my death, can my 1st wife or child claim from that property just because in home loan my name is there.
4. As my 1st wife is adding the clause or "Will" along with the divorce paper, hence I felt there is no point of making a 2nd will if I don't want to give anything else to my 1st child after my death as upon my death, my ex-wife n 1st child may come anytime to dispute the 2nd will hence I want to buy, invest everything in my 2nd wife/child's name only.
5. Any other option by which I can protect the rights of my future family so that everything in their name are safe from any claim from my ex wife or child from 1st marriage?
Asked 12 days ago