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how to divide alimony money in first and second motion


27-Jun-2023 (In Divorce Law)
I planend to give my child an FD of 20 lakhs and ny wife 30 lakhs for mutual divorce. But my wife is not ready to leave house before first motion. We fear she will take money for first motion and never come for second motion. And ask house also after that. How to divide money so that child also is in safe hands and she gets the zeal also to come for second motion to take money and give divorce and not leave in between. My property is in name of my brother and mother. Our lawyer says she should leave house before first motion and their lawyer says otherwise
Answers (2)

Answer #1
578 votes
You can do one thing.. in the first motion write the clause that yourwige will leave house on motion motion and give 30 lakh fd. Mention another clause that remaining amount be given on 2 nd motion . She will come for 2 motion and incase she does not add a clause that contempt will be posed and legal action will e takken
Answer #2
528 votes
You can prepare an MOU in which you can divide the amount in two parts I.e if you want to give your child an FD of Rs.20 Lakhs you can state in your MOU that FD will be given to the child at the time of first Motion and rest of the amount will be given to your wife at the time of second motion in court.After that if your wife agrees than this MOU will be signed by both of you and will be annexed and will be part of your divorce petition.
Moreover she doesn't have any right over your mother and brothers property.

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