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Q. mutual divorce. Details in notarised MoU at kolkata

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yash raj

posted 7 months ago

Q.mutual divorce. Details in notarised MoU at kolkata
Hi, I have applied for Mutual Divorce under Section 28 of special marriage act in Kolkata. During first petition I paid half amount of settlement money.

All clauses etc are in MoU which was notarised, but nothing at all is mentioned in the Divorce Petition about settlement paid or Mou being signed, which was submitted( The petition only mentions that my wife shall have no maintenance claim in future)...

Mou was not annexed and original is with me.
I was told that this is the Norm/practice in Kolkata. Is this fine? or Do i need to do something else as well to protect my interests? Thank you

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Deepak Yashwantrao Bade

Experience: 9 Year(s)

Responded 7 months ago

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A. ) Dear client as per your query I would like to suggest you that kindly go through professional advice from local family court lawyer on clauses.because that MoU might be subject for legal proceedings in future.

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yash raj

Replied 7 months ago

Thank you for your reply sir.
The MoU was prepared by a lawyer and has all necessary clauses and wordings (like full n final settlement towards permanent alimony etc.)
My doubt is whether a notarized MoU used for financial transaction is a valid legal document?

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Deepak Yashwantrao Bade

Experience: 9 Year(s)

Replied 7 months ago

Simply follow the explanation of A Memorandum of Understanding (MOU) is a nonbinding, non-legal agreement between two or more parties outlining the terms and details of an understanding. Your divorce mediator uses the MOU to document the agreements that you and your spouse create during the mediation process.

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Suneel Moudgil

Experience: 15 Year(s)

Responded 7 months ago

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A. ) exhibit/attach the MOU to Court file in second motion and also mention all facts in the statement to avoid future complications.

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 7 months ago

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A. ) Dear Sir,
Please share MoU and other documents with a local lawyer and get proper legal advise.

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yash raj

Replied 7 months ago

Thank you for your reply sir.
The MoU was prepared by a lawyer and has all necessary clauses and wordings (like full n final settlement towards permanent alimony etc.)

My doubt is whether a notarized MoU used for financial transaction is a valid legal document and carries some weight?

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Rameshwar Dadhe

Experience: 3 Year(s)

Responded 7 months ago

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A. ) No sir after the divorce by mutual consent passed then nothing any such right to Ur wife in future

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