Mutual Consent
Divorce.
A process for spouses who have agreed that living together is no longer viable. The steps below follow the firm’s own note. They are not a timetable for every petition.
When the legal ties created at marriage are lawfully dissolved, the marriage is dissolved. Divorce, also called dissolution of marriage, separates spouses by a legal process other than the death of one of them, so that the parties are free to remarry immediately or after a period fixed by law.
Society traditionally did not favour divorce, and marriage created stable legal bonds. Expectations between spouses have since grown. When they are not met, conflict follows. If that conflict cannot be repaired, the effect reaches mental health, behaviour, money, work, and quality of life.
Identifying the point at which marital harmony is being lost, and one’s well-being with it, is an important step. With the experience of speaking with innumerable couples facing disharmony in their marital lives, we understand the emotional burden and the societal pressure a person goes through when separation is being considered.
Mutual consent
divorce process.
- 01
Choosing the Lawyer
India is a country of many religions, and people fall under different laws for marriage, divorce, child custody, succession, and related matters. The provisions can be difficult to sort through alone. A divorce lawyer’s role is to explain the law that applies. Choose an advocate who is experienced, familiar with the courts of the local jurisdiction, and comfortable with the local language and practice.
- 02
Consultation with the Lawyer
Fix an appointment, and note the questions you have about the intended divorce before you arrive. You and your spouse may instruct one advocate or two separate advocates. In a mutual consent divorce, the terms of separation must be spoken about, discussed, and agreed by both spouses. Your lawyer can guide that conversation toward a consensus.
- 03
Documents
The petition should not be drafted until the papers that support it are in hand. The firm’s list is set out below. Anything else that proves a fact you intend to state in the petition should be included as well.
- 04
Filing the Joint Petition
The advocate prepares a joint petition from the details you provide. You and your spouse read the petition and the accompanying affidavits, then sign. The signed petition is filed in the court of jurisdiction, with the supporting documents.
- 05
Waiting Period
Once the mutual consent case is filed, the court, following the provisions of law, gives a date after six months for the next motion. That interval is the waiting period, or cooling-off period, so the parties can see whether reconciliation is possible. The court has power to waive the period where there are reasons to believe the marriage has broken down irretrievably. The firm’s note does not treat that waiver as available in every case. An effective argument, or a genuine reason placed before the court by the advocate, may support an application to waive it.
- 06
Hearing & Mediation
On the date the lawyer gives you — after six months, or earlier if the waiting period is waived — both spouses must be present in court. Before that day, division or transfer of property and other assets, responsibility for liabilities, child custody and child support, maintenance and alimony, and any other issue the parties are concerned about should be decided and settled amicably. A mediator speaks with both parties to confirm that reconciliation is not possible. With the mediator’s report, the file returns to court. The judge may ask questions based on the petition and the mediation report. Your lawyer guides you through the hearing and is present with you.
- 07
Divorce Decree
After the final hearing, on the same day or the next day, the judge issues the divorce decree: an order that ends the marriage lawfully. The parties’ presence is required at this stage as well. The lawyer then completes the paperwork and tells you when a copy of the judgment can be collected from the office.
- 08
After the Judgment
There is no option of appeal in a mutual consent divorce. Only if an issue of child custody or property division was not addressed earlier, or a further conflict arises about maintenance or alimony, can there be a fresh suit.
What to
gather.
- Address proof of both parties
- Marriage certificate
- Marriage invitation card
- Marriage photograph
- Child’s birth certificate, if any
- Any other document necessary for the facts mentioned in the petition
Which personal law applies, and whether a waiting period can be waived, depends on the marriage and the court. This page does not decide either question.
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