Mutual

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.

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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

Mutual consent divorce is the quickest form of divorce in India. When both husband and wife agree that things are not working with them and it's time to amicably end the marital alliance. When they decide not to put allegations against each other and go public with a family dispute, rather move on with mutual respect, agreement and dignity.

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

  1. Documents as proof of marriage
    • Marriage Invitation Cards
    • Two Joint Marriage Photograph
    • Marriage Ceremony Photo
    • Marriage Certificate (if available)
  2. 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
  3. Photographs
    • Passport size photographs of both the parties
  4. Evidence
    • Evidence of separation for one year or more.
    • Evidence of unsuccessful attempts of reconciliation
  5. 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
  6. Others
    • Birth Certificate of the child if you have any
    • Other documents as required by the lawyer

No. You can file your petition on your own. However having a competent lawyer by your side will really help you speed up the process.

When a couple mutually decides to end their marriage, they can file a mutual consent divorce petition in a local city court or family court of their jurisdiction. The court will carefully examine the petition and ensures that the consent is indeed mutual. Once the first motion is accepted, the court grants a 6 months cooling off period to both the parties. You can settle issues such as child custody, alimony, maintenance, joint property etc.

Yes, any party can challenge a mutual consent divorce during the six month period.

Yes, if the couple decides to withdraw the petition, it's possible. Any party can withdraw in case of misunderstanding.

If the couple mutually agrees to the divorce without alimony, they can do so.

In case one partner withdraws from the divorce by mutual consent proceedings and the other partner is still willing to go ahead with the divorce, they will have to file a fresh application for a contested divorce. For more details on contested divorce, please click here.

Yes. Divorce proceedings are governed by personal laws as per the religion of the partners concerned.

The following are the top four advantages of filing a petition for mutual consent divorce:
  • Inexpensiv
  • Less time-consuming
  • Less time-consuming
  • Less traumatic - the need for presenting evidence for divorce and court trial is avoided
If you have decided to move on, mutual consent divorce is your best choice.

Child custody and support is decided as per the agreement between the partners. Either partner can get the child custody as per mutual decision 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.

Either partner, during the subsistence of the case, can withdraw from the mutual consent divorce proceedings. Upon doing so, the divorce proceedings will cease and the case will be disposed off.

The divorce petition can be filed in the Family Court of either of the following districts/ cities:
  • Where the couple last resided together
  • Where the marriage was solemnized
  • Where either party currently resides
In case of mutual divorce, it is important to file the application for divorce as per the convenience of both partners.

As per the Hindu Marriage laws, the couple is required to wait for a period of at least one year from the date of marriage before applying for a divorce.

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.

As per the Hindu Marriage laws, the couple is required to wait for a period of at least one year from the date of marriage before applying for a divorce. 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.

As per the provisions of the Hindu Marriage Act, upon the filing of the joint petition for mutual divorce, the couple is required to wait for a period of six months during which they shall attempt to reconcile their differences. After the expiry of six months, another joint petition has to be filed by the couple reaffirming their decision to obtain a divorce.

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.

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.

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.

Check for feedback from their past clients. Use the internet to find more information that can help you in the shortlisting process. 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.
manish kashyap.jpeg

Adv. Manish Kashyap

7 years Experience

Dwarka sector 13, Delhi

Practice area & skills : Family Dispute, Cheque Bounce, Property, Criminal and IPR

Raj warsi.jpg

Adovcate Name

15 years Experience

Kailash Hills, Delhi

Practice area & skills : Arbitration, Cheque Bounce, Child Custody, Criminal and more+

Raj warsi.jpg

Adovcate Name

15 years Experience

Kailash Hills, Delhi

Practice area & skills : Arbitration, Cheque Bounce, Child Custody, Criminal and more+

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