Alimony in case of mutual divorce
Answers (4)
Divorce by mutual consent happens in two stages: 1st Motion and 2nd Motion. Both the parties agree on a fixed amount and then one party pays a portion of the agreed amount when the Petition for First Motion is listed for hearing before the Judge. After six months the Petition for Second Motion is filed and the remaining amount is again paid in the court by one party to the other party. After that the Judge records in the order that the entire payment has been made by one party to the satisfaction of the other party and only then he grants the Divorce Decree.
Once the divorce has been granted then no further payments are to be made. That’s why in mutual consent cases the amount that is to be paid usually is in lakhs or crores. Whereas in case of monthly maintenance or alimony the amount is usually in thousands.
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In case of mutual divorce, alimony and maintenance are usually decided mutually between the husband and the wife as a condition of divorce. You and you husband can mutually decide a amount as alimony and incorporate the same in the mutual divorce petition.
however, as far as maintenance is concerned, if the divorce petition or the settlement agreement do not bar future maintenance, then you can file a petition seeking maintenance in future as well.
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