mutual-consent-divorce

MUTUAL CONSENT DIVORCE

Mutual consent divorce occurs when both parties agree to get divorced mutually. The conditions laid down in section 13B of the Hindu Marriage Act state the following conditions:

  • The husband and wife must live separately for at least one year. This proves that they cannot live together
  • The husband and wife must accept that the marriage is completely over

A Divorce with Mutual Consent is a relatively quick process in court. However, divorce may not be granted right away. After the couple has filed for divorce, the court may ask the couple to reconcile their differences over six months to try and make the marriage work. This period may be reduced depending on the circumstances. If either party resides overseas, the proceedings can be completed via video-conferencing as well.

PROCESS FOR MUTUAL DIVORCE
Once you get in touch with us at ACE ALLIANCE our team will connect you to lawyers, who will help you file a petition in court. This petition will be a joint statement by both the concerned parties that will state, due to irreconcilable differences, you and your spouse can no longer stay together, and should be granted a divorce by the court. After six months, our team of lawyers at ACE ALLIANCE will help you and your spouse file the Second Motion Petition for Mutual Consent Divorce. At this point you and your spouse will have to re-appear in court. After the court finishes hearing from you and your spouse, if the judge is satisfied that all the necessary grounds and requirements for the divorce have been met, will grant both of you a mutual divorce decree.

DOCUMENTS REQUIRED FOR MUTUAL DIVORCE

  • The address proof of husband and wife
  • The Marriage certificates
  • Four passport size photographs of marriage of the husband and wife
  • The evidence which proves that both the spouses have been living separately for more than a year
  • The evidence in regard to the failed attempts of reconciliation by the couple
  • The income tax statements of the spouse for the last three years
  • The details of profession and present remuneration of the spouse
  • All the information in regard to the family background
  • All the details of properties and other assets owned by the spouse

FAQS ON DIVORCE WITH MUTUAL CONSENT

WHAT ARE THE BENEFITS OF DIVORCE BY MUTUAL CONSENT?

A Divorce by Mutual consent helps to save time, money and energy for both the concerned parties involved. It helps the couple avoid unnecessary quarrel during the divorce proceedings.

WHAT ARE THE VARIOUS LAWS THAT DEAL WITH DIVORCE IN INDIA?

There are different laws of divorce for different religions. The Hindus which includes Sikh, Jain, Buddhists are governed by Hindu Marriage Act,1955. The Christians are governed by Indian Divorce Act-1869 & The Indian Christian Marriage Act,1872. The Muslims are governed by Personnel laws of Divorce and the Dissolution of Marriage Act,1939 & The Muslim Women (Protection of Rights on Divorce) Act,1986. The, Parsis are governed by The Parsi Marriage & Divorce Act-1936. In addition to the above-mentioned laws, there is also a secular law called the Special Marriage Act,1954.

WHEN CAN THE DIVORCE BY MUTUAL CONSENT BE FILED?

The court will check if at least one year has passed from the date of marriage. The couple will have to the prove, that they have been living separately for a period of one year or more before the presentation of the petition for mutual consent divorce. Also, the couple will have to prove that during this period of separation, they have not lived together as husband and wife.

WHERE IS THE PETITION FOR DIVORCE BY MUTUAL CONSENT FILED?

The petition for mutual consent divorce is filed in the family court of the city/district where the couple lived together for the last time.

WHAT HAPPENS AFTER FILING OF THE DIVORCE PETITION?

After the filing of the mutual consent divorce petition and recording the statement of both the concerned parties, the court usually adjourns the matter for a period of 6 months.