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Separation agreement before going ahead for divorce.


13-Sep-2023 (In Family Law)
We are not divorced yet and separated through an agreement, where in we decided that I move out of our joint property and she continue staying in the same house along with our daughter till she turns major. We also agreed on certain expenses and the EMI’s to be paid by me till we decide to sell the house. My question is , how can I prevent my mother in law to stay in that house whom I believe is the main culprit from the day one of our marriage, Can she file false cases against me in case I try to remove her mother from our house? What would be the best way to get a mutual divorce under Islamic law? Also, What is the credibility of separation agreement in law ? This agreement was made by her lawyer , obviously with almost all the points in her favour. Thanks
Answers (3)

Answer #1
557 votes
You will have to show the agreement first only then a proper advice can be given. Regarding false cases, everyone is free for filing case whether it's true or false, so she can file. But the strength of case depends upon facts of each case.
Answer #2
618 votes
Respected sir
if you have the decided that you both residing septeately from each other then better solution you take the mutual divorce from the court and there after enjoy the her life to according to the your self.
Answer #3
701 votes
Seperation agreement is not valid until and unless it is executed before the honourable court. You may file a case of divorce under the Islamic law. Please connect for further details. The perfect advise depend upon the facts and circumstances.

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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