Complete Guide for Mutual Divorce in India

Everything you need to know about mutual consent divorce and it’s legal filing procedure.

If marriage is a recipe then its most important ingredients are - Trust, Care, Respect, Mutual understanding, Compatibility and Love. Those who have a happy and successful married life that’s great but what about those who do not have? When people think about going through divorce, it only means that they don’t want to live together anymore for various personal reasons. Afterall all, it’s a matter of one’s entire life.

What really is Mutual Divorce?

Mutual Divorce in simple terms is when both Husband and Wife have mutually decided to legally dissolve & already agreed upon the settle terms as well.
Getting divorce by Mutual Divorce is the most preferred way as it saves a lot of time and money as compared to the Contested Divorce in India.

Mutual Consent Petition is the first legal step to start the divorce process. This petition tells the family court that both parties want the divorce and there is no dispute as to property division, alimony or responsibilities to children. The consent petition must be signed by both parties and notarized before being filed with the appropriate family court where the parties live.

mutual divorce in india
Mutual Divorce is also known as Uncontested Divorce. Both husband and wife can apply divorce by mutual consent.

Various Acts for Divorce in India

As we know there are different acts for marriage registration, the same way there are various acts in India at the time of Divorce:

Mutual Divorce among Hindus, Buddhists, Sikhs and Jains is governed by The Hindu Marriage Act, 1955

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Mutual Divorce among Parsis is governed by The Indian Divorce Act, 1869

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Mutual divorce for Inter-religion marriages is governed by The Special Marriage Act, 1956.

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Mutual Divorce among Christians is governed by The Indian Divorce Act, 1869

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Factors to consider at the time of Divorce:

There are 3 main aspects regarding which a husband and wife must come to an agreement.

Alimony or Maintenance - As per law, there is no minimum or maximum limit of support. It could be any figure or no figure at all.

Child Custody - Child custody in a mutual consent divorce can also be shared or joint or exclusive depending upon the understanding of the spouses.

Division of Assets - The husband and wife must decide who gets what part of the jointly held property or matrimonial home. This includes both movable and immovable property.

settlement in mutual divorce

The entire mutual consent divorce procedure is as follows:

  • There are 2 mandatory appearances for the couple to be made in the Family Court in a mutual consent divorce proceeding.
  • In a mutual consent divorce, both the spouses act as Petitioners because both the spouses are in agreement to dissolve their marriage.
  • The first step towards initiating the divorce procedure is to draft a joint divorce petition and file it at the relevant Family Court.
  • Subsequently, the spouses would present their separate lawyers to represent them in the court.
  • The mutual consent divorce petition consists of a joint statement by the couple stating their incompatible differences and that they can no longer cohabit together and therefore, should be granted a divorce.
  • The same joint petition further consists of the agreement relating to the custody of children, splitting of assets, alimony, maintenance, etc.
  • In the first motion, statements of both the spouses are recorded and then signed on paper in the Court.
  • After this, a 6 month cooling off period (not mandatory) is given to the couple towards one final attempt for reconciliation which is solely to provide one last hope for the couple to re-think about their divorce and try and make things work out.
  • After the lapse of the said 6 months also known as the reconciliation period, if both parties still don't agree to cohabit together, then the spouses have to appear for the second motion called the final hearing.

Why Hire a Divorce Lawyer?

While filing for divorce through Mutual Consent may sound easy but in reality, it requires lot of paper, preparing a divorce petition which clearly defines your terms & conditions, appear in front of the family court judge for first and the second motion, keeping a track of your appointment date or rescheduling the appointment and much more.

The best decision you can make in yourself and your future is to hire a professional divorce lawyer. Getting legal counsel from an experienced divorce lawyer will save you a lot of time, stress, and money down the road. Your divorce lawyer will ensure that your interests are being represented, and educate you so that you don’t make decisions based on short term convenience, but that will result in long term problems.

When you hire our family law experts, you get:

  • Most experienced lawyers by your side
  • Legal counselling from experts
  • 24x7 support over the phone and in person
  • 100% transparency
  • Quick and hassle-free divorce process
  • Minimum court visitation
  • File online divorce with a simple divorce form
  • Get divorce decree delivered to your doorstep
hire best mutual divorce lawyer