I am taking mutual divorce from my wife after 10 years of marriage and we do have a 7 year old kid who will be staying with my wife and wife is taking the sole custody of the child.
Alimony is decided however my wife through her lawyer is putting so much pressure on me to agree on some term and condition on petition filing which I feel they are presurizing me to agree so that I fall on a Big trap.
I have purchased a flat which is still in underconstruction status and will complete within 3 years from now. Wife didn't pay a single penny for this flat however as I kept her name as well during stamp duty registration, she is also half owner of this under construction flat.
So I have agreed to give this underconstruction flat for my child's maintenance however My wife and her lawyer said I should transfer the complete ownership to my wife's name rather than putting my daughter's name in the flat directly so that my wife alone can take decision for this flat , can sell it any time where she doesn't need my daughter's permission as my daughter is 7 years old now.
I agreed to transfer the complete ownership in my wife's name however I have told my wife's lawyer to clearly mention in the Terms and condition of mutual divorce petition filing that I am transferring this flat ownership in my wife's name for the sole purpose of child's maintenance and child future expense out of this flat ( Either through selling of the flat or if my wife give it on rent ) But my wife's lawyer doesn't want to mention child maintenance and child future expense on petition with this flat point and wife's lawyer wants to write that I am giving this flat or transferring the complete ownership to my wife's name for my wife's future prosperity. My wife's lawyer is saying on petition I don't have to mention child's maintenance as she will make a MOU agreement where she will mention clearly that the flat was given with this divorce for child's maintenance and this agreement will be signed by my wife and myself . I am telling my wife's lawyer again and again that on MOU agreement only if you are writting about child maintenance and if on petition paper you are not writing ,then how the judge ( who is only going to see the petition and not the MOU agreement ) will come to know what I have given to my child in terms of child maintenance. But she is arguing and constantly saying she won't write " child maintenance" on Petition and telling me that I shouldn't be worried as she will make the MOU agreement where she will mention child maintenance was given and my wife's signature on that MOU Agreement will give me assurance that in future after divorce, wife will not come and claim again for child maintenance.
So here are my questions -
1. What my wife's lawyer S
saying that she doesn't need to write about child maintenance on petition and writing about child maintenance on MOU agreement will make me safe that my wife cannot claim for child maintenance in future after divorce, is she true in terms of law or my wife's lawyer is making a trap for me so that after divorce my wife again file a case for child maintenance ?
2. I want the writing on petition and MOU agreement to be same by mentioning that I am transferring the full ownership Of the flat to my wife however this I am doing for child maintenance and child future expense however my wife's lawyer is writing on petition that I am giving the flat for my wife's future prosperity and on MOU agreement she is writing I am giving the flat for child maintenance... Will not this mismatch or different information on petition and agreement create a big legal problem for me incase my wife after divorce claims for child maintenance again..What should I do and say to my wife's lawyer as she is so adamant and pressurising me to agree to her writing and almost threatning me that if I want divorce I should agree to her this kind of writing.
3.I am giving cash to my wife and giving flat of worth 50 lacs for child maintenance. Still my wife's lawyer threatens me on phone calls your wife will not ask for any maintenance after divorce as you are giving the flat however if your wife wants she can claim as she has rights and you are liable to pay child maintenance throughout your life. So my question is - even after giving this flat for child maintenance during divorce and after doing all the paper work correctly like mentioning that I am giving this flat for child maintenance on petition and MOU agreement , am I still liable to pay for child's maintenance after divorce if my wife claims or file a case ??
I am helpless. I am taking loan to give my wife cash , separate loan to pay off the flat due payments too as my wife wanted a homeloan free flat ....after all these if after divorce again if my wife comes for child maintenance , what will I do. Please help me with your expert advice as I am being threatened by my wife's lawyer every now and then.
You should not enter into the MoU without explicitly mentioning that the maintenance you are providing shall also be used for you child as it will lead to legal complications in the future. Second, please keep in mind that the lawyer cannot pressurize you into signing the documents as it will amount to coercion.
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Ankur Goel @ Complete Law Shield
Responded 1 year ago
1. Be very clear in petition and MoU what you mention otherwise you will land into problem in future.
2. Don't keep any loos ends open for future legal issues to be opened up later by your divorced wife.
3. Never ever put the flat in the sole name of your wife, if she remarries then that flat will be enjoyed by the next husband the next children not by tour daughter.
4. Be very clear about alimony and maintenance in petition and MoU
5. If need be change the lawyer. A lawyer who threatens you is not worthy of going ahead with. There is no need to worry about or get scared of. He/She cannot harm you.
You just postpone all such agreements and they must feel that they never get alimony or maintenance.