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Forced Mutual Divorce - Options to modify the settlement


17-Sep-2023 (In Divorce Law)
Hi, My wife is forcing me for mutual consent threatening to file for domestic violence. She also needs to sign to release all her rights from my business. I cannot risk that as her family has the political background to spoil my business. If I sign a mutual petition with an unfair share of the property, will I get a chance to let the court know I was forced to sign but I am not satisfied with the settlement demand in the next steps after filing the petition? So that I will be given a chance to
Answers (5)


LawRato

Answer #1
645 votes
Would advise you to immediately seek a legal consultation from a lawyer having expertise in family matters. Brief him and formulate a strategy going forward. As a precautionary measure do get an intallah peshbandi application drafted from a lawyer and file. Once you sign it, you Will not be able to take a plea later. Connect with better particulars
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Answer #2
934 votes
first of all you are not bound to anything and not forceable according to law, so that if you are not giving consent to mutual divorce, no one can force you, if your wife forced you for mutual divorce and threatens you to file domestic violence , you can take appropriate steps against her.
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Answer #3
781 votes
You should go for pre litigation mediation if you also want to get divorce . No one can pressurise you to get divorce only on her terms and conditions. Mutual divorce means that both the parties agreed on terms and condition The best option to take mutual divorce is you should go for pre litigation mediation where both the parties will come with their counsels in front of mediator and the mediator will do the best for you both with the help of your counsels without listening any one of party
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Answer #4
893 votes
you can get settlement deed made and let the other file mutual divorce and on the date of divorce do not appear before the judge. But it not solve you problem permanently still she can file Dv. a woman can file DV even after divorce so I would suggest you not to be afraid of DV case and instead fight all the cases filed by her with help of good Advocate.
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Answer #5
714 votes
You will be asked by the judge whether your consent was free or obtained through coercion. if consent is free divorce will be granted in mutual divorce and that will be the end of matter. if the settlement terms are unfair it is better to go for contested divorce. domestic violence proceedings are civil in nature. should you have any questions please feel free to contact me
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