• Divorce Decree

We (husband side) have filed mutual divorce first motion,now are going for final second motion of mutual consent divorce and all cases has been closed against us-

1. What is included in divorce decree, are some points copied from divorce petition or agreement like settlement amount agreed etc ?

2. We have paid full and final settlement amount and now nothing is pending from husband to wife, so can we request judge to add things in decree like no alimony,mentainance ,streedhan etc is pending and no case would be filed in future, which is already agreed by wife in divorce petition and agreement ?

3. Can we request judge to attach agreement copy to divorce decree ?

4. If above mentioned things can be requested to judge to add in decree, so when and at what stage this request should be made and the request can only be in oral form or written request can also be made?

5. What other precautions in form of documentation or in any other form can be done at right now during second motion of divorce or after divorce so that they cannot trouble us in future ?

Thanks and Regards
Asked 7 months ago in Family Law
Religion: Hindu

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8 Answers

Divorce decree mentions that marriage is dissolved by mutual consent as per consent terms signed by parties 

 

2) consent terms are enclosed which contain clauses agreed between parties 

Ajay Sethi
Advocate, Mumbai
94822 Answers
7560 Consultations

5.0 on 5.0

1. The agreement copy if attached as document in the divorce petition will be mentioned as settlement based on mutually agreed conditions as stated in the agreement copy attached to the petition.

2. The amount paid by husband and exchange of articles of both can be mentioned in the affidavit or the main petition and the same if prayed for in the prayer of the main petition. the court may pass a divorce decree incorporating the same.

3. A legal document containing various terms and conditions mutually agreed upon by the parties at the time of divorce is called a Divorce Settlement Agreement. It is made before the parties enter into legal proceedings for divorce.

4.A settlement agreement is a written agreement relating to various actions such as child custody, visitation, property division, litigation expenses etc. reflecting the desire of both the parties. The court will review and approve the agreement and will enter the final decree of divorce based upon the terms.e

 

5. A settlement agreement is a legal contract that resolves the disputes among all parties by coming to an agreement. It is a legal document where all parties in a court case, in civil law, agree to an outcome of any judgment being made in advance.

T Kalaiselvan
Advocate, Vellore
85023 Answers
2209 Consultations

5.0 on 5.0

  1. In MCD, the court cannot go beyond the mutually agreed terms. Any dispute brought up before Court in MCD will nullify mutual divorce proceeding. It is divorce by mutual consent of parties any claim not mentioned in the petition will not be entertained by Court.
  2. There is no preventive vaccine against criminal prosecution. Any agreement/undertaking by wife not to file criminal complaint will go against you as the question will arise why in the first place you need such agreement/undertaking, it will lead to doubt that you done some offence against her. Section 28 of CA. 

Ravi Shinde
Advocate, Hyderabad
4049 Answers
42 Consultations

5.0 on 5.0

A divorce decree typically includes the terms and conditions agreed upon by both parties during the divorce proceedings. This may include items like settlement amounts, custody arrangements, and any other mutually agreed-upon terms.

 

If you've already reached a settlement agreement that covers all aspects, including alimony, maintenance, and streedhan, you can request the judge to include these terms in the divorce decree. Ensure that all agreed-upon terms are accurately reflected in the decree.

 

It's possible to request the judge to attach the agreement copy to the divorce decree for reference. This can help ensure that both parties adhere to the terms of the agreement.

 

The timing and method of making these requests may vary depending on local legal procedures. It's advisable to consult with your attorney, who can guide you on when and how to make these requests. Written requests are typically more formal and may be more effective for documentation purposes.

 

To protect your interests, it's essential to keep thorough records of all documents related to the divorce, maintain clear communication with your attorney, and ensure that the terms of the decree are accurately reflected in the final document.

Anik Miu
Advocate, Bangalore
8952 Answers
110 Consultations

4.7 on 5.0

  1. A divorce decree is a legal document that declares the dissolution of your marriage and the terms and conditions of your divorce. It may include the following information:

    • The names and addresses of the parties and their lawyers
    • The date and place of the marriage and the date of separation
    • The grounds for divorce and the type of divorce (mutual consent or contested)
    • The custody, visitation, and support arrangements for the children, if any
    • The division of marital assets and debts, including property, bank accounts, investments, vehicles, etc.
    • The amount and duration of alimony or maintenance, if any
    • The settlement of any pending disputes or claims between the parties
    • The waiver of any rights to appeal or modify the decree
    • The signature of the judge and the date of issuance of the decree

  2. Yes, you can request the judge to add clauses in the divorce decree that state that no alimony, maintenance, streedhan, or any other dues are pending from either party and that no future cases will be filed by either party. This will help you avoid any future litigation or harassment from your ex-spouse. However, you must ensure that these clauses are also mentioned in your divorce petition and agreement and that both parties consent to them.
  3. Yes, you can request the judge to attach a copy of your divorce agreement to the divorce decree. This will serve as an evidence of your mutual consent and settlement and will also help in enforcing the terms and conditions of your divorce in case of any breach or violation by either party.
  4. You can request the judge to add clauses or attach documents to your divorce decree at any stage of the divorce proceedings, but preferably before the final hearing or the second motion. You can make this request either orally or in writing, but it is advisable to make it in writing for clarity and record purposes. You can submit a written application along with a copy of your divorce agreement to the court and also inform your lawyer about your request.
  5. Some precautions that you can take in terms of documentation or otherwise during or after your divorce are as follows:

    • Keep copies of all the documents related to your divorce, such as your marriage certificate, divorce petition, agreement, decree, etc.
    • Update your personal records and documents, such as your bank accounts, Aadhaar card, PAN card, passport, etc., with your new marital status and name (if changed).
    • Cancel any joint accounts or liabilities that you had with your ex-spouse, such as credit cards, loans, insurance policies, etc.
    • Inform your employer, family members, friends, and other relevant parties about your divorce and change of contact details (if any).
    • Seek professional help or counselling if you face any emotional or psychological issues due to your divorce.
    • Focus on rebuilding your life after divorce by pursuing your goals, interests, hobbies, etc.

 

Muraleedharan R
Advocate, Trivandrum
373 Answers
2 Consultations

5.0 on 5.0

1. It will include soime points from your filed petitions , and some contents from the settlement conditions 

2. If your joint petition is having these facts supported by the settlement deed , then the court will mention these facts also in the decree of divorce. 

3. You can file the said agreement copy before the court , then the court will mention about it in the divorce decree automitically. 

4. It is necessary to mention these facts before the court at the time of givng statement in the second motion 

5. It is necessary to withdraw all the cases against you , and in the statement must mention that you have entire agreed amount 

- As per law, a mutual divorce cannot be challenged on any ground. 

Mohammed Shahzad
Advocate, Delhi
13282 Answers
198 Consultations

5.0 on 5.0

Greetings of the Day,

I have read your issue but find that there are some facts which need to be clarified. You can approach on either nine two one two one two four five eight five or seven zero four two eight three three six eight six for personal approach.

We Hope that a personal consultation would be fruitful to the issue and it would be better for you to talk to someone directly.

Best Regards

SPS Law Chambers
New Delhi.

Shivam Bansal
Advocate, New Delhi
131 Answers

Not rated

Dear Sir,

it is suggested that generally it is written in the court order/decree that the terms of the compromise deed forms part of the order/decree and it is sufficient. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

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