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How do I get a divorce by mutual consent?
What is mutual consent divorce?
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Apply for Divorce with Mutual Consent Online in India by LegalDocs. Our experts and trusted lawyers help throughout the process of divorce right from start till end. Know More!
- It means both of the parties( husband and wife) are willing and agreeing to get separated.
- It varies somewhere between 25 thousand to 60 thousand case to case basis.
- The time required varies between 6 months to 1 year from the date of filing of the petition, depending on the case and in which court you are filin...
- There are 6 steps altogether - Drafting and petition, Court Summons, Response, Trial at court, Argument, Final Order.
- After 1 year from the date of marriage. Also, Partners should be staying separate at least for a year after marriage befor filing a divorce petition.
- Yes, Both partners need to be present in court during trial.
- You can remarry after three months from the date of decision issued by respective court.
- Divorce by Mutual Consent | Overview
- I. Divorce by Mutual Consent – Meaning
- II. Statutes Governing Divorce by Mutual Consent
- III. Step by Step Procedure to File For A Mutual Divorce
- IV. Mutual Divorce Is Non-Appealable
To begin with, divorce by mutual consent is the most civilized way of termination of a marriage. When the couple came to the conclusion that their marriage came to an end, they can agree to terminate the marriage by mutual consent. It is much less complicated than the long-drawn litigation that follows when there is no consent from either husband o...
The procedure for divorce by mutual consent is regulated by different Acts. In case the couple was married under the Hindu Marriage Act, 1955, the rules for divorce set under this Act would apply. If the marriage was solemnised under the Special Marriage Act, 1954, then it would apply. All other divorces would be in accordance with the Divorce Act,...
Step 1: Petition to File for a Divorce
The parties intending to dissolve marriage are required to wait for at least one year from the date of marriage. A joint petition has to be filed by both the parties for dissolution of marriage to seek a decree for divorce. Both parties in a mutual consent divorce would have to come to an agreement about alimony, child custody, maintenance, property, and so on. Therefore, a comprehensive agreement among the parties is required for the marriage to be dissolved. The Husband & Wife have to reach...
Documents required
The papers that are required along with the petition are: 1. Address proof of husband and wife i.e. Aadhaar Card/Passport/Electricity Bill/Ration Card (either one of them) 2. Wedding Card 3. Marriage Photograph 4. Marriage certificate 5. 4 Passport-sized photographs 6. Details of assets owned by husband and wife, both jointly and individually 7. Income tax returns filed for a period of three years. 8. Evidence proving separation for over a year 9. Evidence proving failed reconciliation attemp...
Step 2: Appearing Before Court and Inspection of the Petition
The parties have to be represented by their respective lawyers on the date given by the Family Court. The court will first try to bring reconciliation between the parties. But if it fails then the court will move further with the petition for divorce. In most cases, parties are required to be present before the court during the first and second motion. Only in rare cases, camera proceedings may be allowed where the courts are convinced that the attendance of the party in question cannot be ar...
Once the Court Grants a Divorce Decree in Mutual Consent it cannot be Challenged nor can you file for appeal in Higher Court Challenging the Decree at a later date, It is the Final Order and nothing can change it. This is because Mutual Divorce is a Consenting Decree of Divorce. However, as per the Hindu Marriage Act, Section- 23(1)(bb) the court i...
The introduction of mutual consent divorce was a significant step in modernising India's divorce laws and recognising the autonomy and agency of married individuals. One of the key aspects of mutual consent divorce is that it requires the agreement of both parties involved.
Jun 27, 2023 · Step by step procedure for divorce by mutual consent under Hindu Law, along with its essentials and discussion on the waiting period.
- Rachit Garg
May 27, 2019 · you can even file for divorce if the other party is not willing to get a divorce- this is called, 'Contested Divorce'. According to the Hindu Marriage Act, 1955; a petition for a 'mutual divorce' can be filed if you and your spouse are facing difficulties and have decided to part your ways legally.
- India Today Web Desk
- Information
Step 1: Filing the Petition. The first step is to file a ‘Joint Petition for Divorce by Mutual Consent’ in the family court of the city where: The marriage was solemnized. The couple last lived together. The wife is currently residing.
Aug 30, 2024 · Table of Contents. What is Mutual Consent Divorce? What are the requirements to be complied with for a Mutual Consent Divorce? Mutual Divorce Process in India. What information/ documents are required for Mutual Consent Divorce? Mutual Divorce Petition Form. Download Mutual Divorce Petition Format. Divorce law under different religions in India.
