Mutual Consent Divorce

Mutual Consent Divorce

" Get Your Divorce Issues Resolved Peacefully. "

Get your your marriage issues resolved now by mutual consent divorce.

₹ 999/- (Consultancy Only)

We'll never share your email with anyone else.

2 Lakhs

Happy Customers

300+

Professionals

250+

Partners

₹ 999/- (Consultancy Only)

We'll never share your email with anyone else.

2 Lakhs

Happy Customers

300+

Professionals

250+

Partners

 
 

How it Works?

 
 

Briefing of Facts/Case/Suit

We Ask You to Brief your case facts to prepare for filing.

 

Drafting & Filing Facts/Case/Suit

We make draft of your case and do the filing process.

 

Litigation Process Facts/Case/Suit

We prepare for court trial process to appear before court to present facts.

 
 
 

What is Mutual Divorce?

 

The smooth and the simplest way to dissolve your marriage is through mutual divorce. In a mutual divorce parties agree mutually to separate and dissolve the marriage. To file for divorce through mutual divorce there are two things on which the parties are required to reach consensus, i.e., alimony and child custody. Owing to this mutual divorce saves a significant time and money as opposed to a contested divorce. It is also easier to file for mutual divorce.

 

Documents Required?

 

  • Address proof of you and your partner (photocopy of any of the following documents will suffice: passport, voter id card, Aadhar card, driving license)
  • Marriage certificate
  • Photographs of the marriage ceremony
  • Proof that both partners have been living separately since a period of one year (for e.g. - delivery receipts of products, utility bills – gas, water, electricity, etc.)
  • Proof that all attempts to reconcile have failed. (for e.g. – invoice/ bill of a marriage counseling session, the copy of correspondences – email, letter, etc.)
  • Income tax statements of both partners for the last 3 years.
  • Proof of date of birth (photocopy of any of the following documents will suffice: passport, voter id card, Aadhar card, driving license, class 10 passing certificate)

Procedure for Mututal Consent Divorce

 

Step 1

Filling Of First Motion.

The parties are required to file joint statement by both the parties for first motion or the first step to obtain mutual divorce. This statement has the agreement to split the assets, custody of children, etc.

         

Step 2

Filling Of Second Motion.

After 6 months of the first motion or by the end of the reconciliation period, if both parties still don't agree to come together, then the parties may appear for the second motion for the final hearing. In a recent judgement, the Supreme Court has categorically stated that the six months period is not mandatory and can be waived off depending upon the discretion of the court.

Step 3

Final Decree/Order Of Mutual Divorce.

In the final step after the second motion procedure divorce decree is granted by the concerned Hon’ble Court after hearing both the parties.

           
   

Which court has Jurisdiction?

 

1. Court where marriage has been solemnized. 2. Court where couple last lived. 3. Court where wife is residing at present.

Section:-13B of Hindu Marriage Act talks about Divorce by mutual consent. There are two requirements of this section firstly, the couple had been living separately for a year which will be immediately preceding the presentation of petition and secondly, cooling-off period of 6months but not more than 18 months is given with an intention to give time and opportunity to both the parties. The marriage for getting the consensus in Divorce by mutual consent both the parties has to agree to the mutual terms of maintenance and alimony.

The requirement which have to be complied for taking resorts U/S 13B are

 
  • Parties living separately for a period of one year.
  • Not able to live together.
  • Mutually agreed by the parties to dissolve the marriage.
  • Talking about the other laws firstly, there is no explicit statutory provision for divorce by mutual consent in Muslim Law. Secondly, in Parsi Law by amendment in 1988 in Parsi Marriage and Divorce Act, 1939 provision for divorce by mutual consent was added. There is no interregnum between filing of petition and the second motion. Parties should be living separately for a year with mutual consent and if court is satisfied that there is no fraud or force then can grant the same. Thirdly, through an amendment in Indian Divorce Act, 1869 in 2001 divorce by mutual consent was added. Two motions have to be followed i.e. living separately for two years and an interregnum of six months. And the Court needs to satisfy itself of any averments in petition.

Fee Structure?

 

  • Client are required to pay 70% of the case fee to start the work.
  • 30% is payable upon settlement/order.

 
 
 

FAQ

 

Mutual consent divorce is generally defined as both the spouses agreeing for peaceful parting. One of the major prerequisites for mutual divorce is the consent of both parties to a marriage. There are two aspects on which the husband and wife have to reach consensus:
  • Alimony
  • Maintenance issues

According to the law, there is no minimum or maximum limit of maintenance. It can be any figure or no figure. Child custody in divorce by mutual consent can be shared or joint or exclusive depending upon the understanding of the spouses. Through mutual consent divorce is a novel approach; at times, situations arise where such a mutual divorce becomes difficult.

You can get married after the expiry of three months from the date of the decision of Court. Usually, a time period of three months is provided in case any partner wants to go in appeal against the decision of the court. Hence, it is advisable that you should wait for at least three months before remarrying.

Because mutual divorce is a time saving process compared to contested divorce.

Yes a mutual divorce petition can be withdrawn by the either parties at anytime in the court of law.

Child custody and support is decided as per the settlement and agreement between the partners. Either partner can get the child custody as per mutual agreement or the partners can opt for joint custody of the child. In the joint petition, they will be required to specify the agreement on child custody and support.

Apply for a mutual consent divorce if you want a quick divorce. If you mutually agree on most points and file a joint petition, the chances of getting an early divorce increases significantly.

For a mutual consent divorce, no grounds are necessary. If you have been living separately for a year or more, both the spouse can jointly file a petition for a divorce.

Compare on various parameters such as time taken in filling the first motion, were they able to get a waiver on a 6 month cooling period, how they were able to settle the issue of property partition, child care for their past clients.

Yes in every step of mutual divorce you need a advocate and LEGALTAX will help you for the same.

Yes both parties to the case can anytime challenge the divorce petition.

Maintenance in mutual consent divorce is decided as per the agreement between the partners. The couple is required to agree on an amount of alimony/ maintenance to be given by one partner to the other. In the joint petition, they will be required to specify the agreement on maintenance.

Mutual divorce, as the name suggests, is when both partners wish to separate amicably. The required conditions are that the husband and wife should be living separately for a period of one year or longer, that they are unable to live together, and that both husband and wife have mutually agreed that the marriage has totally collapsed. Divorce by Mutual Consent saves time, money and energy for both. It leaves no room for unnecessary quarrel and most importantly avoids washing your dirty linen in public.

For a mutual consent divorce, no grounds are necessary. If you have been living separately for a year or more, both the spouse can jointly file a petition for a divorce.

A wife can claim alimony, share in ancestral property, a share in property earned by the couple while they were married.

Apply for a mutual consent divorce if you want a quick divorce. If you mutually agree on most points and file a joint petition, the chances of getting an early divorce increases significantly.

Six months. If you have jointly presented a petition for mutual consent divorce under section 13-B, the court will give six months cooling off period after your first motion for the couple to think through and decide. After 6 months you can apply for a second motion anytime within 18 months to get your final hearing and divorce decree.

Reducing the six month cooling off period is purely at the discretion of the court. Earlier it was mandatory but in 2017 the supreme court of India in Amardeep Singh vs. Harveen Kaur CA NO, 11158 OF 2017 suggested that it can be waived off based on the facts of the case and situation.

The court has not mentioned any ground under which the waiver can be granted but in general, the following conditions have been considered in past:

1. 1. When any of the couples were settling off abroad

2. When the wife was getting married (a woman is often considered a victim of divorce)

3. Urgent Medical conditions

Compare on various parameters such as time taken in filling the first motion, were they able to get a waiver on a 6 month cooling period, how they were able to settle the issue of property partition, child care for their past clients.

In case of a mutual consent divorce, the competency of lawyers should be judged by their ability to save time. It's a tedious negotiation between both parties. A competent lawyer would be an astute negotiator who can bring both the party in an agreement without wasting time.

A wife can claim alimony, share in ancestral property, a share in property earned by the couple while they were married.

No. If you marry without divorce you can be accused of polygamy, it is crime under the section 494 of Indian penal code.

You can prepare your petition yourself and file in the city or family court of your own jurisdiction.

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