Mutual Consent Divorce

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Mutual Consent Divorce: Cost, Procedure, and Documents required

Updated on December 17, 2021 08:04:56 AM

“Mutual Consent Divorce is no longer taboo in India.” People are slowly recognizing the harsh realities of their marriages and making choices to enter healthier ones.

Divorce Matrimony is complicated! But so are relationships as well that could harm your physical and mental health.


Mutual Consent Divorce

Mutual Consent Divorce



Mutual Consent Divorce is a legal action taken by both husband and wife when they decide to end their relationship and get divorced on a mutual basis. In simpler words, when both the parties(husband and wife) mutually agreed to divorce, then it is called Mutual Consent Divorce.

Since the decision has been made, it’s time to terminate the marriage on proper legal grounds. The question in mind, “how to get a mutual divorce,” would be answered here. Let’s start this by understanding the laws under which divorce in India is legalized. India is a diverse country, compiles so much diversity in religions. Every religion has its faith and norms about marriage; therefore, there are separate mentions of laws in the constitution about divorce between couples in different religions.

Religion Law
Hindu, Sikhs, Jains, and Buddhists Hindu Marriage Act 1955.
Muslim Muslim marriage is a contract under Muslim law.
Christian Indian Christian Marriage Act 1872 and the Divorce Act 1869.
Parsi Parsi Marriage and Divorce Act 1936

Also, the Special Marriage Act, 1954 applies for divorce in inter-religious marriages.

What does Divorce Law state for Mutual Consent Divorce?



But before thinking of applying for Mutual Consent Divorce, one should keep few things in mind with regards to this. As per the Hindu Marriage Act 1955, section 13B states that there must be the following conditions fulfilled for Mutual Consent Divorce:

  1. Husband and wife are not able to live together anymore
  2. They have been living separately for one year or more than one year
  3. Both of them have mutually agreed that the marriage has been destroyed, and hence it needs to be ended.

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What are the documents needed to attach for Mutual Consent Divorce?


What are the documents needed to attach for Mutual Consent Divorce

While filing a petition for mutual divorce, certain documentation must be attached to the petition. The documents that are mandatory for filing Mutual Consent Divorce are as follows:

  1. Marriage Proof or Photographs of Marriage
  2. Aadhaar card of both husband and wife
  3. Marriage Invitation Card

What is the Procedure for Mutual Consent Divorce in India?



Process of Mutual Consent Divorce

The process for getting a divorce on mutual consent is a multi-step process. The procedure for Mutual Consent Divorce in India is as follows:

  Step 1: Filing of the Petition for Mutual Divorce

The divorce petition should be filed by both the parties(husband and wife) with mutual consent. The petition consists of the reasons for divorcing and all settlements regarding their child and property. Then it is sent to the family court for further decision.

  Step 2: Appearance Before the Family Court Judge

  Step 3: First and Second Motion of Order

After hearing statements of both sides, the court passes the order for the First motion. There has to be a cooling-off period of six months for the couple to rethink their decision (which can be waived off according to the decision of the supreme court, if both the parties are living separately for more than 18 months before filing the first motion). Generally, filing for the Second Motion of order can be done within 18 months of the first-order motion. If the divorce decision remains unchanged, then both of them file for a second order of motion.

  Step 4: Final Decree

After having both the motion of orders, the court passes the final decree for Mutual Consent Divorce. After this, their marriage is dissolved, and they are legally divorced from now onwards.

Process of Mutual Consent Divorce

How much is the Cost for Mutual Consent Divorce?



The overall cost for getting a mutual divorce could vary from condition to condition. There could be two hearings or more than two in the court for the mutual divorce. Things get more clarity after consultation with expert lawyers in family matters.

The charges for consultation on mutual divorce is displayed below:

Service Fees Response Time
Preliminary Telephonic Consultation Same Day
Telephonic Consultation with Advocate Within 2-3 Days
Video Conferencing Consultation with Advocate Within 2-3 days
In-Person Consultation with Advocate Within 2-3 days
Instant Telephonic Consultation with Advocate Within 24 hours

How to Contact Litem for Mutual Consent Divorce?



Consultation with an advocate can help you understand the overall process and even save your time and effort. So we highly recommend you to first consult with the lawyer and then proceed further accordingly. The process of reaching us out is pretty simple. All you have to do is just follow the 3 simple steps:



gif
Fill the form or
Call us at 9289044667
Get Free Preliminary Consultation on the
same day over the telephone.
Select Service as per your comfort and get
connected with the best family lawyer.
  • Fill the form or
         Call us at 9289044667 .
    .
  • Get Free Preliminary Consultation on the same day over the telephone.
    .
  • Select Service as per your comfort and get connected with the best family lawyer.

How to get a Divorce Quickly in India with Mutual Consent?



How to get Divorce Quickly in India with Mutual Consent

While filing for divorce, one must seek help from experts like Mutual Consent Divorce Lawyer who will help the respective individual in the entire process. At the same time, he will also inform you that the following are the requirements while the process of divorce is going on:

  1. Firstly, a joint agreement is signed by both parties
  2. Next, the first motion statement of both of them is recorded, and in the presence of the hon’ble court, it is signed on paper
  3. Then, the court gives them six months as a chance to change their mind
  4. After that, if they don’t agree even after those six months, they are called for a second hearing, which is the final one.

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Frequently Asked Questions



 What is Mutual divorce?

 How long does it take for Mutual Consent Divorce?

 When the divorced persons can remarry?

 How to get divorce in India without Mutual consent?

 How to apply for mutual divorce in India?

 Who decides alimony in Mutual Consent Divorce?