Firstly, let me point out that in case husband and wife are not able to live together and want divorce, the best remedy of course is the mutual consent divorce with one time settlement.
Generally, it is the husband side, which requests for mutual consent divorce. In your case, this offer is coming from your wife side, so it is rather a good thing for you, and you may agree to it, since otherwise, the wife side would generally file cases under Section 498-A IPC and domestic violence, etc.
Do not doubt everything. It does not help. Once your wife side is itself offering you the option of mutual consent divorce with one time settlement, it perhaps shows their good intention. If you do not agree, what is the other better option for you, given that you also do not want to live together?
For that matter, any agreement or MOU can be breached or violated. That does not mean that people would never enter into an agreement or MOU under the fear that it is likely to be breached tomorrow.
Do not agree for paying the full settlement amount in the beginning in one instalment. Insist for 3-4 instalments; one at the time of MOU, second at the time of filing of mutual consent divorce, the third at the time of the second motion of mutual consent divorce, etc.
Get the MOU signed in presence of some respected witnesses from both sides, who may act as a sort of guarantee, though it may still be not a perfect guarantee that such MOU would not be violated. But, then what is the better option?
If possible, have mediation through Mediation Cell of the High Court or District Court, as the case may be, possibly with court intervention. Try to enter into MOU through such mediation.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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