The Mutual Divorce Agreement should contain all the aspects of the dispute between the husband and wife. It is only the basis of the mutual divorce agreement, the parties proceed to get their marriage dissolved hence all the legal ingredients in the same are required to be incorporated.
This Mutual Divorce Agreement is made on this day( Describe the date and the place)
The parties to the Mutual Divorce Agreement are following:
Husband ( Give the entire details containing full name, fathers name, address , age etc)
Wife ( Give the entire particulars of full name, husbands name, fathers name, address, age and all related information for her identification)
NOW HIS MUTUAL DIVORCE AGREEMENT BETWEEN THE PARTIES AS UNDER:
1.That the marriage between the parties was solemnized between the parties according to Special Marriage Act rites on ( Give the date and place of marriage of the parties in the Mutual Divorce Agreement . After the marriage the parties started cohabited at various places. The parties are now residing at the addresses mentioned herein.
2.That the following children are born from the wedlock;
( Give the details of children with their names, date of birth )
3.That due to temperamental differences the marriage between the parties has failed and all efforts to revive the same has remained fruitless. The parties are living separately since ( give the period of separation of the parties) and all efforts of reconciliation have failed . The parties have thus decided to enter the present Mutual Divorce Agreement and to further file mutually decided to dissolve the marriage on mutual consent by making joint petition before the court.
4. That the parties have further decided to decide the following issues mutually under the present Mutual Divorce Settlement :
- Custody of children ( Describe the terms about custody of children)
- Distribution of the properties of the parties
- Child support after divorce
- Division and retention of properties/estate
- Splitting of assets and other household and all other valuables
- Permanent Alimony
- Clearance or repayment of debt
- Insurance and passport/visa subjects
5. That the aforesaid steps shall be done by the parties after the first motion and before the filing of the second motion of divorce before the court.
6. That the parties have further agreed that the first motion of mutual divorce between the parties shall be filed immediately after the signing of the present Mutual Divorce Agreement.
7. That the parties will jointly sign and file both the motions of mutual divorce petition before the court and shall appear before the court for hearing and make their statement before the court without creating any further issues in the matter.
8. That the parties undertake to withdraw all the allegations, complaints against each other made before any forum if any and shall not make further complaint in any manner after their statement before the Court.
9. That besides the above terms the parties have mutually settled all other claims against each other and exchanged all their articles, valuables etc and nothing remains to be exchanged or paid by any of the parties to the other parties. The Second Party, wife has received all her claims of Stridhan, permanent alimony etc and there is no claim in any manner surviving. The parties will not make any claim against each other in any manner after signing of the present Mutual Divorce Agreement .
10.That the present Mutual Divorce Agreement shall be followed and complied in toto and breach of any of the terms stated herein shall amount breach of the Mutual Divorce Agreement.
IN WITNESSES WHEREOF both the parties have set their receptive hands on this agreement, at ———————–, on the day, month and year, first written above in the presence of the following witnesses.
FIRST PARTY SECOND PARTY
Important tips on how to write a mutual divorce agreement:
- If the husband and wife are undergoing matrimonial dispute and decide to obtain a mutual divorce, the first step is to draft a mutual divorce agreement. The Mutual Divorce Agreement is the first and foremost document on which the process of mutual divorce between the husband and wife starts.
- The mutual divorce agreement in India has a legal value as well as a legal effect so it should be drafted by keeping all relevant points into consideration.
- Drafting of the mutual divorce agreement in India depends upon the facts of the particular case, the points of dispute between the parties, and other related issues.
The important points which should be considered and possibly included in the mutual divorce agreement before the family courts are explained in brief here:
i) Alimony issues between the parties.
ii) Status of the children including visitation rights, expenses of education, marriage, etc.
iii) Bifurcation of the mutually held properties if any.
iv) Rectification and correction of any records regarding the status of marriage, nomination, etc.
v) Withdrawal and quashing of the FIRs or complaints between the parties, mostly by the wife against the family of husband.
vi) Other related and relevant issues which affects the parties based on the facts and circumstances of the case.
Important tips on the drafting of an agreement:
- The agreement for mutual divorce in India should contain all particulars including the name, address, age of both the parties with their photographs.
- Mutual Divorce Agreement should also contain the date and place of marriage and places of stay of the parties during their matrimony, giving the period of stay.
- It should also contain the number of children if any with their age or date of birth.
- The Mutual Divorce Agreement should especially contain the entire details of the properties of both the parties including their movable as well as immovable properties with their clear identification number, value, etc.
- It must contain the mode of distribution of the said properties and the process for transfer of the title of the property if any in the process of mutual divorce.
- The agreement should also contain the date from which the parties are living separately and their locations with address at the time of the mutual divorce.
- Draft of the mutual divorce agreement should clearly indicate the legal proceedings if any instituted or pending between the parties with the entire details of the case numbers, FIR numbers etc.
- It should clearly include the aspect that the entire dispute between the parties is being settled under the agreement and no claims of any past or future are payable in any manner which is not covered under the agreement for mutual divorce in India.
- The Mutual Divorce Agreement should clearly spell that all proceedings, complaints, etc. stand settled under the agreement and no claim, counterclaim, etc. remain against each other, and any future complaint shall be treated as null and void if made after the agreement and both the parties shall be at liberty to close all proceedings by filing the copy of the settlement between the parties.
- It should also contain that the wife has received all her Stridhan, Permanent alimony, and all other dues under the marriage and she is forgoing ( as the case may be) all her claims in the property or maintenance, etc.
- The agreement should clearly contain the custody of the minor children and the arrangement made regarding their maintenance.
- It should also contain the date or the period and place where the proceedings of divorce by mutual consent between the parties would be launched.
- The Mutual Divorce Agreement should also contain the terms of payment of the money or handing over of the assets at different stages of the case.
- It should be drafted on the stamp paper of appropriate value as per the local laws so that it becomes a valid agreement enforceable through the courts.
- The agreement should contain the signatures, and thumb impression of both the parties and should be duly witnessed by two persons.
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