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Validity of mutual agreements made before divorce


01-Mar-2023 (In Divorce Law)
My sister is facing domestic violence for 14 years and we have tried our best to settle her but now position is going to be worst and having no option than Divorce and i want to confirm is there any legal validity of our Mutual written agreement and can we record a pre-intimation in court which will help us if we want divorce
Answers (3)

Answer #1
507 votes
No there is no legal validity of a mutal agreement between the parties.

For a mutual divorce you need to mutually agreed upon the terms and conditions.

And if it is a contested one the we need to prove alegations.

Prefer to go for a mutual if possible.

Answer #2
559 votes
There will not be any legal validity of the written agreement outside court. It is better that, if possible, you go for divorce by way of mutual consent. Then while drafting the terms and conditions of divorce petition, you both the parties may agree to settle the claims as you want.
If it is going to be a contested divorce petition then also no out of court intimation is having any force of law. In that case also, you need to submit all your terms and condition in the divorce petition.
Hope, i have answered your queries.
Answer #3
836 votes
There is no legal validity of any compromise deed or any written agreement made outside the court . You can file a mutual divorce petition if both parties are agreed to take divorce. But any agreement shall not entertained by that time.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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