Frequently Asked Questions (FAQ)
What is Mutual divorce?
Updated on February 24, 2023 06:09:14 AM
Ans - Mutual divorce, also known as uncontested divorce or no-fault divorce, is a legal process through which a married couple mutually agrees to end their marriage. Unlike contested divorces, where one spouse files for divorce and the other may contest it, in a mutual divorce both parties agree to the terms of the divorce, including matters such as division of assets, child custody, alimony, and any other relevant issues.
Key features of mutual divorce include:
Agreement between Spouses: Both spouses must agree to the divorce and its terms. This typically involves reaching a consensus on issues like child custody, division of property, financial support, and any other relevant matters.
No-fault Basis: Mutual divorces are usually based on a "no-fault" premise, meaning that neither spouse has to prove fault or wrongdoing by the other party in order to obtain the divorce. This can simplify and expedite the divorce process.
Reduced Conflict: Since both spouses are in agreement about ending the marriage and settling related issues, mutual divorces generally involve less conflict and contention compared to contested divorces. This can lead to a smoother and more amicable separation process.
Simplified Legal Process: Mutual divorces often involve a streamlined legal process, as there is no need for lengthy court battles or hearings to resolve disputes. This can result in lower legal costs and a faster resolution.
Legal Documentation: Despite the mutual agreement between spouses, legal documentation is still required to formalize the divorce. This typically involves drafting a settlement agreement that outlines the terms of the divorce and submitting it to the court for approval.
Court Approval: Even in cases of mutual divorce, court approval is necessary to finalize the divorce. Once the court reviews the settlement agreement and ensures that it is fair and in compliance with applicable laws, the divorce decree is issued, officially terminating the marriage.
Overall, mutual divorce provides a cooperative and relatively uncomplicated way for couples to dissolve their marriage when they are both in agreement about the decision to divorce and the terms of the separation. It offers a more peaceful and harmonious alternative to contentious courtroom battles, allowing couples to move forward with their lives with minimal conflict and disruption.
How long does it take for Mutual Consent Divorce?
Ans -It usually takes 6-18 months for Mutual Consent Divorce in India.
When the divorced persons can remarry?
Ans- According to Hindu Marriage Act, a person can remarry after 90 days of the decree for divorce on mutual consent.
How to get divorce in India without Mutual consent?
Ans- A contested divorce is the option if someone doesn’t want to get divorced with mutual consent.
How to apply for mutual divorce in India?
Ans - While filing for divorce, one must seek help from experts like Mutual Consent Divorce Lawyer who will help the respective individual in the entire process. At the same time, he will also inform you that the following are the requirements while the process of divorce is going on.
Who decides alimony in Mutual Consent Divorce?
Ans. - There are different laws in different religions in respect to alimony (allowance/amount which the court orders one partner to pay another).Each community has different laws regarding divorce. In case of marriage under the Hindus act, both the partners are legally entitled to claim permanent alimony and maintenance. However, in the case of marriage under Special Marriage Act, 1954, only the wife is entitled to claim permanent alimony and maintenance.
How to get a Divorce Quickly in India with Mutual Consent?
While filing for divorce, one must seek help from experts like Mutual Consent Divorce Lawyer who will help the respective individual in the entire process. At the same time, he will also inform you that the following are the requirements while the process of divorce is going on:
Firstly, a joint agreement is signed by both parties
Next, the first motion statement of both of them is recorded, and in the presence of the hon’ble court, it is signed on paper
Then, the court gives them six months as a chance to change their mind
After that, if they don’t agree even after those six months, they are called for a second hearing, which is the final one.
Where to file Mutual Consent Divorce in India?
After knowing about the laws regarding divorce in India, you might want to know where to file a petition for Mutual Consent Divorce?
The couple can apply for mutual divorce in the Family Court of the city where they last lived together, such as their marital home, where the marriage was solemnized, or where the wife currently resides.
What are the documents needed to attach for Mutual Consent Divorce?
While filing a petition for mutual divorce, certain documentation must be attached to the petition. The documents that are mandatory for filing Mutual Consent Divorce are as follows:
Marriage Proof or Photographs of Marriage
Aadhaar card of both husband and wife
Marriage Invitation Card
What is the Procedure for Mutual Consent Divorce in India?
The process for getting a divorce on mutual consent is a multi-step process. The procedure for Mutual Consent Divorce in India is as follows:
Step 1: Filing of the Petition for Mutual Divorce
The divorce petition should be filed by both the parties(husband and wife) with mutual consent. The petition consists of the reasons for divorcing and all settlements regarding their child and property. Then it is sent to the family court for further decision.
Step 2: Appearance Before the Family Court Judge
Step 3: First and Second Motion of Order
Step 4: Final Decree