Consent Divorce
Divorce by Mutual Consent or Mutual Divorce is when both a couple mutually agree that they cannot live together anymore and that the best solution being Divorce, they would present a Mutual Divorce petition jointly before the honorable court, without charges any allegations against each other.
Overview
When both partners are in mutual agreement to part ways and end their marriage, a joint petition divorce by mutual consent is filed in Family Court. This joint petition also provides for agreement between partners on maintenance and child custody rights. Mutual consent is a must to file a divorce. It can also be known by other definition as When you and your spouse have amicably resolved terms of separation to part ways, you can dissolve the marriage by filing a mutual consent divorce petition (under Section 13B of the Hindu Marriage Act, 1955) (under Section 28 of the Special Marriage Act, 1954) before the Family Court.
Steps involved in Divorce by Mutual Consent
- ✓ Questionnaire
- Once you finalise the service, we will provide you a questionnaire to capture your details.
- ✓ Drafting Of Joint Petition And Approval
- Once the questionnaire has been prepared the next step is to draft a joint petiton and its approval. The lawyer will draft and share a petition for your review and approval. This petition will include agreement on division of assets, custody of children and maintenance amount.
- ✓ Dispatch Of Documents
- Once the second step related to drafting of joint petition and its approval finished the next step is related to dispatch of document. Here, we will be required to send the signed copy of the petition along with the required documents to us.
- ✓ Filing Divorce Petition
- Once the third step related to the dispatch of document has been done the other step is filing divorce petition. Upon receipt of documents, the joint petition will be filed at the appropriate family court.
- ✓ Appearance Of Parties
- Once the step related to filing divorce petition has been completed. The next step is related to the appearance of parties. You and your partner along with the lawyer will appear before the family court.
- ✓ Reconciliation Period
- Once you and your partner lawyers appeared in the court, the next step is related to reconciliation period i.e. the court will give you a period of 6 months to re-think the decision of obtaining divorce. court may reduce this period to even one month, if deemed fit.
- ✓ Appearance Of Parties In Court After 6 Months
- After the reconciliation process is over, you and your partner along with the lawyer will appear in court and file a written submission that you would like to finalize the divorce
- ✓ Grant Of Divorce
- After the parties has been appeared in the court after 6 months, the last and the final step is grant of divorce, upon satisfaction of the judge that all requirement of divorce are met, a mutual consent divorce decree would be granted.
Once you finalise the service, we will provide you a questionnaire to capture your details.
Required Documents
- 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)
FAQ's
Both husband and wife jointly need to present a petition before the court of law requesting a divorce. If the couple has children, they need to come up with a documented mutual understanding to bring them up
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Documents as proof of marriage
- Marriage Invitation Cards
- Two Joint Marriage Photograph
- Marriage Ceremony Photo
- Marriage Certificate (if available)
- Documents of identity & Address
- Adhaar Card and/or any other current address and photo ID proof of both parties
- Proof of the last residence in the jurisdiction where you have applied for divorce. i.e if your current address is different from your permanent address
- Photographs
- Passport size photographs of both the parties
- Evidence
- Evidence of separation for one year or more.
- Evidence of unsuccessful attempts of reconciliation
- Proof of Income and assets
- Income tax statements both the parties - last three years
- Profession/business and current income
- Family background of both the parties
- Assets owned jointly or separately by both the parties
- Others
- Birth Certificate of the child if you have any
- Other documents as required by the lawyer
- Inexpensiv
- Less time-consuming
- Less time-consuming
- Less traumatic - the need for presenting evidence for divorce and court trial is avoided
- Where the couple last resided together
- Where the marriage was solemnized
- Where either party currently resides
Additionally, before the application for divorce is filed in Court, the couple has to show that they have been living separately for a period of at least one year. Further, they have shown that they have not been able to live together as husband and wife during this period.
However, in a recent case, the Hon'ble Supreme Court of India has held that the parties need not wait for a period of six months before their divorce is finalized. The Court has made it clear that the couple is at liberty to file the second joint petition in the Court even before the expiry of six months. Thereafter, the Court shall decide on the petition for divorce for mutual consent.
As the law stands now, the time period of six months has been waived off by the Hon'ble Supreme Court of India. Hence, a mutual consent divorce can be finalized even within a period of one month from the date of filing of the application for divorce.
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.

Adv. Manish Kashyap
7 years Experience
Dwarka sector 13, Delhi
Practice area & skills : Family Dispute, Cheque Bounce, Property, Criminal and IPR

Adovcate Name
15 years Experience
Kailash Hills, Delhi
Practice area & skills : Arbitration, Cheque Bounce, Child Custody, Criminal and more+

Adovcate Name
15 years Experience
Kailash Hills, Delhi
Practice area & skills : Arbitration, Cheque Bounce, Child Custody, Criminal and more+

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