What Is Mutual Consent Divorce? (Detailed Explanation)

Are you looking to know What Is Mutual Consent Divorce? Well, That’s a great question. Read this article to find out what it is.

What Is Mutual Consent Divorce
What Is Mutual Consent Divorce

Are you looking to know What Is Mutual Consent Divorce? Well, That’s a great question. Read this article to find out what it is.

Before we move on with the details of the topic let’s first understand what mutual consent divorce is.

When both husband and wife mutually agree that they can no longer live together and that the best solution is divorce, the marriage can be dissolved by filing a mutual consent divorce petition (Hindu Marriage Act, 1955 under Section 13B) (Special Marriage Act, 1954 under Section 28) before the Family Court.

How to File for Mutual Consent Divorce:

Obtaining a divorce by mutual consent entails many stages. The first step in the mutual divorce procedure in India is the filing of a petition under Section 13B of the Hindu Marriage Act. In this method, there are two steps. The crucial steps are as follows:

1. In the Appropriate Family Court File a Joint Petition:

The first step is filing a joint petition with the appropriate family court. Both sides must sign this joint petition. The divorce petition includes a joint statement from both parties stating that they can no longer stay together owing to major disagreements and that a divorce should be granted. This document also contains an agreement to divide assets, child custody, and other terms.

2. Both Parties to appear in Court:

Both parties to appear in court after the divorce petition has been filed, as a second phase of the proceedings. This date is set by the court, both sides and their attorneys should appear on the court.

3. Court’s Investigation of the Petition:

The petition and the documents presented by the parties are then examined by the court. If the court is satisfied, it will order the parties’ swearing affirmations to be recorded. The court may endeavor to reconcile the parties in specific situations. If the parties are unable to reconcile, divorce proceedings will be pursued.

4. Statement recording and first motion order:

After the parties’ oath statements have been captured, the court issues an order on the first move. After that, the parties are given six months to file a second motion. This must be filed within 18 months after the filing date of the initial motion.

5. Appearance for Second Motion:

If both parties do not agree to come together after 6 months from the first move or by the conclusion of the reconciliation period, they may appear for the final hearing. The parties must also attend court and make statements, which will be recorded. The Hon’ble Supreme Court of India in 2017 declared that this term can be exempted under four particular conditions and waived by the competent Court if the facts and circumstances justify it. To do so, you must file an additional application along with the Petition for second motion u/s 13B(2), explaining why the cooling period is not applicable in your circumstance.

6. Court Decision:

The free consent of both petitioners is the most vital consideration for a divorce by mutual consent. To put it differently, the court cannot award a decree of divorce by mutual consent unless the husband and wife have reached a total agreement on the dissolution of the marriage and the court is satisfied. Based on the parties’ statements and the specific facts and circumstances of the cases the court makes the appropriate decisions and dissolves the marriage. After that, the court issues a divorce decree, which makes the divorce final.

For a Mutual Divorce, the following requirements must be met:

  • For at least a year, the husband and wife must have lived apart.
  • To obtain a mutual consent divorce, there must be no force, fraud, or undue influence between the spouses, as well as free consent.
  • There is no potential for adjustment or reunion between the husband and wife.

What happens if mutual consent is achieved through coercion or force?

The court has the responsibility of ensuring that consent was not gained in a ruthless manner. The divorce order cannot be considered a mutual consent decree if the court cannot decide whether consent was freely granted. If mutual divorce consent is gained through duress or force, the offended party may seek an appeal to have the decree overturned.

What are some of the many advantages of a divorce by mutual consent?

  • A mutual consent divorce minimizes pointless conflicts, saving both couples time and money.
  • Furthermore, even before the marriage is dissolved, decisions about child custody, support, and property rights can be quickly reached.
  • In a mutual consent divorce, the court just affirms and legalizes the couple’s mutual decisions.

How long does it take to receive a Mutual Consent Divorce decree in India?

The entire process can take anywhere between a minimum of six months and a maximum of two years, depending on when you file and when you receive your divorce decree. Depending on the circumstances, though, it may take longer. As each situation is unique and unconnected to the others, no specific time can be given. However, when compared to other divorce procedures, mutual divorce has been found to take the least amount of time.
To conclude, everyone involved in a divorce is under a lot of stress. One approach to alleviating the stress of a divorce is to hire an attorney to complete it. While the attorney will need information about the case from you, he or she will also handle all the paperwork, giving you more time to focus on yourself and your family. Due to his years of expertise with such cases, an experienced divorce attorney can guide you with expert guidance on how to approach your divorce.

Also get in touch with the best divorce advocate in bangalore to consult all your doubts and issues

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