Question Related to filing of MOU.
1 year ago
How to file MOU in mutual consent divorce i.e. in Divorce chief affidavit or as a memo copy in MC with regard to full and final settlement as permanent alimony for other party?
Is it compulsorily to file MOU in any of the cases mentioned above before judge to have clear picture for Hon'ble Judge and to avoid future claims by either parties.
Will Hon'ble Judge accept the MOU to file in either of the cases or not?
A.Dear Sir,
Better hire advocate since because it is a permanent record which may be used by anybody it any future time. Professional guidance may be taken to draft MoU.
Better hire advocate since because it is a permanent record which may be used by anybody it any future time. Professional guidance may be taken to draft MoU.
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A.Dear Client,
Memorandum of Understanding or Settlement Agreement can be said to be the basis upon which the Husband and Wife take Divorce. An MOU is a mutual settlement which has been written down on paper and signed between the two parties. This MOU can act as documentary proof of terms accepted between the husband and wife at the time of Mutual Divorce. it should be filed along with the affidavit.
However, it is important to note than an “MOU” is non-binding but may act as proof of terms decided between two parties. A Settlement Agreement based upon the MOU can also be entered into between the parties. This Separation Agreement when signed by both the parties and notarised becomes legally binding. Terms regarding the following topics can be added as a part of MOU:
1. The mutual understanding on the basis of which both husband and wife are getting divorced,
2. Settlement of maintenance and alimony issues- who pays to whom and how much,
3. Child custody issues; with whom does the child stay, who has the visitation rights, whether it is joint custody or not, etc.
4. Duties and Liabilities of the husband and wife towards children,
5. Any other condition relating to properties, children, maintenance, separation, etc.
MOU is important in mutual divorce since it is not a one sided or contested divorce and the parties should settle alimony/maintenance and child custody matters mutually between them.
Hon'ble judge will accept MOU in either the cases as it contains all the terms and conditions.
Thank you.
Memorandum of Understanding or Settlement Agreement can be said to be the basis upon which the Husband and Wife take Divorce. An MOU is a mutual settlement which has been written down on paper and signed between the two parties. This MOU can act as documentary proof of terms accepted between the husband and wife at the time of Mutual Divorce. it should be filed along with the affidavit.
However, it is important to note than an “MOU” is non-binding but may act as proof of terms decided between two parties. A Settlement Agreement based upon the MOU can also be entered into between the parties. This Separation Agreement when signed by both the parties and notarised becomes legally binding. Terms regarding the following topics can be added as a part of MOU:
1. The mutual understanding on the basis of which both husband and wife are getting divorced,
2. Settlement of maintenance and alimony issues- who pays to whom and how much,
3. Child custody issues; with whom does the child stay, who has the visitation rights, whether it is joint custody or not, etc.
4. Duties and Liabilities of the husband and wife towards children,
5. Any other condition relating to properties, children, maintenance, separation, etc.
MOU is important in mutual divorce since it is not a one sided or contested divorce and the parties should settle alimony/maintenance and child custody matters mutually between them.
Hon'ble judge will accept MOU in either the cases as it contains all the terms and conditions.
Thank you.
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A.Dear Client
It depends upon the practice of the court where your case has been filed. You can file the MoU while filing the case or in the first motion or second motion depending on when the particular court accepts as per the practice.
It is better to file an MoU in MCD if both the parties have settled their rights and laibilities.
It depends upon the practice of the court where your case has been filed. You can file the MoU while filing the case or in the first motion or second motion depending on when the particular court accepts as per the practice.
It is better to file an MoU in MCD if both the parties have settled their rights and laibilities.
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