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Is Notarization Mandatory For Mutual Consent Divorce Settlement Agreem
04-Nov-2023 (In Divorce Law)
I got a mutual consent divorce agreement with wife signed on a written MoU in form of settlement agreement. It was signed in writing in presence of witnesses who also signed. However, notary was not done for that. Now opponent counsel is putting pre condition to notarize the settlement agreement in order to proceed discussion for first motion petition signing, after 08 months, because his client/wife has committed breaches. Is notarization mandatory by law to recognise settlement agreement ?? Is settlement agreement without notarization can be held binding and subject to specific performance suit against wife ??? My concern is that , asking notary at belated stage is sought to absolve her of all breaches , so I am looking if notary must or not at all and agreement still holds to be binding
If you are going To obtain decree on mutual consent that a compromise deed on record is mandatory and it is advisable that the compromise deed is duly notarised in the presence of witnesses so if you filed the compromise deed without noticing it the judge might not entertain your divorce petition. You have not also mentioned Whether you are planning to file the case or you have already filed in the court. I have dictated the answers of the very me some tablet graphical error thank you
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Adv. Dev Yati
Delhi | 200+ Answers
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What is the legal document for divorce in India?
Documents required for divorce with mutual consent
Marriage Certificate Address Proof for Husband and wife. Four photographs of the marriage. Income Tax Statement for the last three years
How to write a divorce agreement in India?
The parties personal information, such as their full names, addresses, and ages, should be included.
The parties incomes and employment status,
Property owned by parties
Is 1 year separation mandatory for mutual divorce?
The couple must already have lived separately for a full year before filing the mutual divorce petition. The court is not concerned with the reasons why a couple has lived apart. You can meet the criteria by living in separate houses or having separate residences for more than a year.
Is divorce agreement valid?
The court will examine the terms of the divorce settlement agreement once it is filed at the family court to make sure they are fair. The court will only issue a divorce decree if it is satisfied that the agreement has legal validity and is enforceable.
Hello Sir,
Notarisation is mandarory to make the agreement bound by law. If your agreement is not notarized then it will have no legal effect in the eyes of law and to complete the whole legal process, it has to be done otherwise you won't get divorce.
Please reply or if any other query is there, you can reach to me.
Kindly Rate the answer.
Thanks,
Adv Pooja Marwah
Notarisation is mandarory to make the agreement bound by law. If your agreement is not notarized then it will have no legal effect in the eyes of law and to complete the whole legal process, it has to be done otherwise you won't get divorce.
Please reply or if any other query is there, you can reach to me.
Kindly Rate the answer.
Thanks,
Adv Pooja Marwah
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Adv. Pooja Marwah
Delhi | 100+ Answers
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Popular Divorce Attorneys Hello Divorce on Notary Paper is not valid, you both can file a Petition of mutual consent divorce that will be granted within six months. The second marriage of both of you will not be valid until the first marriage is legally dissolved by a Divorce Decree from the Family Court.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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