• We are going for MOU what are things I need to keep in mind

Hello Lawyer,

Me and my wife are going for MOU Divorce. She asked me all the property that I had and I am ready to write on my kids name. She is saying that is enough. However, need to know whether MOU is enough or do I need to prepare an agreement as well and register it. The reason is she is so complicate as she want every property to write on kids name immediately after we file the Divorce. And after 6 months if she says she want to live with me again it will be a problem for me. Please suggest me how to take this UP.

1) I want to know whether I can register the MOU so that it will have complete value to fight.
2) Can we make an agreement on stamp paper the points that are mentioned in MOU and register it.

Thanks,
Marni
Asked 4 months ago in Family Law from Hyderabad, Telangana
Religion: Hindu
Make the agreement is a part of the divorce decree is the best option. So file a mutual divorce agreement before the court. Describe all the points visitation right, Alimony, monthly maintenance amount, Property rights, future claims etc.

You can also choose the other option to register the mutual  agreement before registrar office .If you are registered then it would be written in stamp paper of the requisite value
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
You can enter into consent terms that are annexed to the divorce petition 

2) the consent terms can contain a clause that you are undertake to transfer property in favour of your children on divorce decree being granted 

3) don't transfer property now  in name of children 

4) no need to register MOU 
Ajay Sethi
Advocate, Mumbai
23284 Answers
1219 Consultations
5.0 on 5.0
Hello,
1) you can register the MOU if you choose to do so. Whether or not you register it, it is a valid Agreement if signed before witnesses. 

2) In a divorce by mutual consent any of the party can withdraw from the consent within 6 months of filing the MCD. 

3) The best option is to make Gift Deeds favouring your children to comply by her  demand. Make a specific clause in the Gift Deed that if your wife failed to honour the MOU or withdraw her consent, the Gift Deeds will be revoked. 

4) For fear of the loss of property she will comply.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
Hi
The.MOU doesn't have alegal vàlidity.your aife can make claims in the future

You should include the same terms of the MOU in the Mutual Divorce partition,add a consent with the petition,this will be submitted before court and the same can fo4m the part of divorce decree,so you will have sufficient record about your settlement.
Also in th joint Divorce petition you can add a clause that your wife shall not seek any further claims in the future in terms of maintenance,alimony and child education and support and the transfer of property or money you give is one time settlement towards  the maintenance and along ,for kids and wife   .
she should agree in the consent terms that she shall.not claim any thing movable or imovabl3 in nature in the future from you.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
Better to enter Memorandum of Compromise by stating all facts and you can registrar it with concerned sub registrar. The memorandum of compromise should be in Triplicate on at least Rs.100/- Non-Judicial Stamp. One each for you and your wife and another original should file before Family Court along with mutual consent divorce petition and get it marked there along with your marriage invitation card, joint marriage photos, residence and ID proofs. Make sure she will present before family court after 6 months which is mandatory.  If you have any doubt you can put condition that the properties will be transfer on the day of getting mutual divorce. Transfer of property in name of kids means she will be guardian, so transfer of properties and mutual divorce can be simultaneously. Important things in MOU or MOC are make sure the settlement is full and final. the words life time maintenance and permanent alimony must in MOU and no claim shall be entertained later. Both shall not claim properties, belongs of each other vis-a -varsa. The burden of maintenance of kids and your visiting rights should be clearly mention. It is also very important to mention that she shall not file any dowry case, DV and maintenance cases.  
Lakshmi Kanth
Advocate, Hyderabad
224 Answers
2 Consultations
4.8 on 5.0
For mutual consent divorce MOU alone is prepared and it is then made a part of the divorce petition. It is never registered. The decree of the court endorses the terms of separation spelled out in the MOU. Get a flawless MOU drafted by a lawyer. 
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
If you have agreed to the condition that the properties shall be transferred in the name of kids, you can transfer the same by executing a registered settlement deed in your kids name and can appoint your wife as a guardian to take care of the property till the kids become major by age. 
There is no need for an agreement to be rgistered separately in this regard.
This can be mentioned in the MOU also.



Registration of MOU will not have legally binding effects.
She can break the conditions of MOU at any time because there is no rule to enforce the MOU agreed between spouse on marital discords. If one spouse does not want to continue the or comply with the conditions owing to the changed circumstances, then the MOU becomes infructuous

The answer for your second question also is the same as above.
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0
To abuse someone on phone is not an offence. One can hurl choicest abuses on the other during a conversation, but it does not amount to commission of an offence unless there is use of physical force. Cops exploited your ignorance about law. You should have consulted a lawyer before going to police station. No FIR can be registered against you.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
Can I register the MOU in the register office or do I need to another document to register if so please help me on that. As my wife is so complicated to handle. 

Instead of registering the MOU you can register the settlement deed transferring the property to your kids name by making her as their guardian as suggested above.
The registered MOU also has not legal validity when you would like to enforce it.






When we first file divorce in the court they ask us right.  After 6 months they will call us again and at that time if she says I want to live with my husband then the property I am giving will lost right or I can get back them by mentioning in MOU.

If you suspect her to play foul play at the time of second motion, then you may withhold the registration of property until the second motion and then you can proceed accordingly. 






Sorry to say that now I am on roads as I given out all my property and 12 Years of life with them. so don't want to make simple mistake now as it will impact my reset of my life. Please understand and help me..

If you feel it this way then dont transfer the properties to anyone, be stubborn in your own ideology at least to save your property and dignity. 
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0

Ask a Lawyer

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

Family Lawyers

T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23284 Answers
1219 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5223 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
436 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0