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Divorce by Mutual Consent 

Mutual Consent

When both meetings agree on a peaceful divide, it is known as separation by mutual consent. It’s a fundamental strategy for getting out of a marriage and legally ending it. The fundamental component of such a separation is the consent of both the husband and the wife. There are some points of view on which the Husband and Wife must agree. 

The first is the question of providing or assistance. According to the law, there is no minimum or maximum level of support. It may very well be any number. Another consideration is child care. Both meetings must reach an understanding of these two issues.

Documents necessary for a mutually agreed-upon divorce

Divorce by mutual consent necessitates the completion of a lot of paperwork. 

Both parties must produce proof of domicile, which must be acknowledged by the court, as required by Section 13B of the Hindu Marriage Act of 1955. 

They must also submit the following documents:

  • Marriage Certificate as Proof of Marriage
  • Both parties must provide proof of identity (passport, voter’s card, ration card, or other valid government ID).
  • a passport-sized photograph
  • A copy of any mutually agreed-upon arrangement between the parties regarding child custody or the payment of permanent alimony or maintenance.
  • Three year’s worth of tax returns
  • Particulars of current earnings
  • Details about your birth and family
  • Details about the spouses’ assets

What is the distinction between a divorce that was mutually agreed upon and a contested divorce?

In India, mutual consent divorce is less expensive and less stressful than a contested divorce.

Divorce is a legal process of separation after marriage in which both parties (husband and wife) wish to separate of their own free will. This is referred to as divorce with mutual consent. Both the husband and wife can file for divorce at the same time.

When a divorce is filed without the approval of either spouse, it is referred to as a contested divorce or divorce without mutual consent (husband or wife). The most well-known explanations behind documenting such a divorce are cruelty, adultery, desertion, conversion, mental disorder, infectious disease, the presumption of death, or renunciation of the world.

The most important considerations to bear in mind during a divorce

  • Child Custody – Which partner will have custody of the kids after the separation?
  • Graduated class/Maintenance – If one of the accomplices cannot meet his daily expenses, the other must pay him a set amount. It is contingent on the partners’ mutual understanding (husband and wife).
  • Property and Asset Settlement – Establishing the ownership rights of property and assets between the parties (Husband and wife)

When is it possible to apply for a mutually consented divorce?

When it comes to a divorce with mutual consent, the first and most important rule is that both husband and wife must be willing to separate. Before filing for divorce, one should be aware of the following:

  • For a minimum of one year, the husband and wife should live apart.
  • Both the husband and wife have agreed to divorce.
  • They can’t live together anymore.
  • It is necessary to wait one year from the date of marriage.

In India, how do you file for divorce online?

Divorce through the internet is becoming a standard method for couples to dissolve their marriage. One can use the Delhi Lawyers lawyer, a Delhi-based law practice in India, to file a petition for mutual divorce online.

A few points must be met to complete the online process.

  • Keep in mind that while e-filings for mutual divorce are simple, you may need the assistance of a divorce lawyer to resolve any technical issues.
  • Send your spouse a legal notice, either via registered mail or in person.
  • For divorce terms to be agreed upon, both parties must agree.
  • Property division, child custody, alimony, and asset division are all issues that must be resolved.

Mutual Divorce Procedure

1. Mutual Divorce Joint Petition

A joint petition is a declaration by the parties that they have voluntarily chosen to part ways and do not intend to continue living together as a married pair.

Where should the joint petition be filed?

  • The petition is filed at the district’s family court.
  • where the pair formerly resided, or
  • or the place where the marriage was solemnized
  • where the wife is currently residing

2. Make an appearance in court

Both parties must demonstrate that they have lived apart for at least a year before filing the petition. Before moving further with the petition, the three prerequisites must be met.

The petition is submitted as an affidavit indicating mutual consent to the dissolution of the marriage and other agreed-upon conditions involving child custody, maintenance, and alimony.

3. Time is given for settlement

From that point, a time of somewhere around a half year is given by the Court. This is the lawful prerequisite under Section 13-B(2) of the Hindu Marriage Act. During this time of a half year, a couple can put forth attempts for compromise.

4. Make an appearance for the second motion

If the couple still does not wish to continue their relationship after six months, they must submit a second motion. The second motion must be submitted within 18 months after the first movement petition is filed. This requires the attendance of both parties and the recording of statements made under oath in front of the court.

*Before moving the second movement, for example, the two participants can withdraw their consent for different activities for a half year.

5. Court’s Final Decision

Following this, the Court issues an order dissolving the marriage by issuing a declaration of separation, and the marriage falls apart.


1. How long does it take for a mutual divorce to be finalized?

After six months from the date of the petition’s filing, or up to 18 months, provided both parties are cooperative at all times.

2. Is it necessary for the couple to be present in Court?

Yes, the presence of a partner will hasten the Mutual Divorce process.

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