MUTUAL CONSENT DIVORCE AND COMPLETE LEGAL PROCEDURES

WHAT IS MUTUAL CONSENT DIVORCE?

Mutual Consent Divorce is an uncontested divorce wherein both husband and wife mutually and amicably agree to dissolve their marriage as per law. Mutual consent divorce can happen only when both the parties mutually agree on all the issues related to full & final settlement, child custody, maintenance and alimony, if any. In case, there are disputes on any of the issues, then the mutual consent divorce cannot happen. And if all the issues are settled by and between the parties, then they can file their papers and proceedings before the Hon'ble Family Court.

In Mutual consent divorce, the custody of the child can be joint custody or sole custody. In joint custody but the parents can have equal parenting rights or as decided by and between them. Whereas in sole custody, the physical custody can be with one parent and the other parent can have the visitation and access of the child as decided between the parties mutually and amicably.

In mutual consent divorce, maintenance and alimony can be decided by the parties mutually as there is no fixed formula to decide the amounts as per law. However, the parties may choose not to give and take anything from each other and file a simple mutual consent divorce petition as per law. But if any case the issues are not getting resolved between the parties, then mutual consent divorce cannot happen and the only option is to file a contested divorce as per law.

MUTUAL CONSENT DIVORCE PROCEDURES

Thinking to file mutual consent divorce? You can google the lawyers which is one of the simplest ways in today's time. Since lawyers are not known to you, you will end up searching by putting phrases like best lawyers for divorce in Mumbai, top divorce lawyers in Mumbai, best divorce lawyers in NAVI MUMBAI etc.

You can consult MUTUALCONSENTDIVORCEMUMBAI.COM having our SPECIAL expertise in family & divorce matters in India and abroad for over 25 years. We provide best legal services & assistance in Mumbai, Thane, Navi Mumbai, Pune, etc. The brief procedure for mutual consent divorce is as under:

To file mutual consent divorce, both the parties should provide their factual details as well as the settlement terms and conditions, if any, to prepare the necessary paperworks required to be filed before the Hon'ble Family Court. Once the complete information's are given, the necessary papers would be prepared. After gathering the information's and preparing the paperwork's, the complete petition along with affidavits, list of documents like the marriage certificate, wedding card, marriage photographs, passport size photos, copies of aadhar card/passport, etc. along with the other needed applications & Vakalatnama has to be filed before the Hon'ble Family Court. The court fees also have to be affixed along with the petition and the affidavits as per law.

MUTUAL CONSENT DIVORCE PROCEDURES

Thinking to file mutual consent divorce? You can google the lawyers which is one of the simplest ways in today's time. Since lawyers are not known to you, you will end up searching by putting phrases like best lawyers for divorce in Mumbai, top divorce lawyers in Mumbai, best divorce lawyers in NAVI MUMBAI etc.

You can consult MUTUALCONSENTDIVORCEMUMBAI.COM having our SPECIAL expertise in family & divorce matters in India and abroad for over 25 years. We provide best legal services & assistance in Mumbai, Thane, Navi Mumbai, Pune, etc. The brief procedure for mutual consent divorce is as under:

To file mutual consent divorce, both the parties should provide their factual details as well as the settlement terms and conditions, if any, to prepare the necessary paperworks required to be filed before the Hon'ble Family Court. Once the complete information's are given, the necessary papers would be prepared. After gathering the information's and preparing the paperwork's, the complete petition along with affidavits, list of documents like the marriage certificate, wedding card, marriage photographs, passport size photos, copies of aadhar card/passport, etc. along with the other needed applications & Vakalatnama has to be filed before the Hon'ble Family Court. The court fees also have to be affixed along with the petition and the affidavits as per law.

DIVORCE BY MUTUAL CONSENT UNDER HINDU LAW

If the parties are Hindu, they can file for mutual consent divorce under section 13(B) of the Hindu Marriage Act, 1956 and they can obtain a divorce only after the mandatory cooling off period of 6 months as per law which can be extended to 18 months from the date of filing. However, to file a mutual consent divorce petition, there should be 1 year of marriage and 1 year of separation as per law to file the mutual consent divorce petition before the Hon'ble Court.

GET LEGAL ADVISORY/CONSULTATIONS:

1. Petition For Mutual Consent Divorce 2. Permanent Alimony/Maintenance 3. Jewellery And Articles to Be Exchanged 4. Custody of Children along with visitation and access. 5. Monthly Maintenance of Children 6. School, College, Further Studies Expenses of Children 7. Parties Claim on Properties of Each Other.

WHERE MUTUAL CONSNET DIVORCE CAN BE FILED?

Mutual Consent Divorce can be filed in the Family court and/or any district court if there is no Family Court in that jurisdiction. As per law the Jurisdiction for filing mutual consent divorce petition can be decided on any of the following prerequisites which are as under:

1. Place of marriage 2. Place where husband and wife last resided together. 3. Place where husband is residing after separation 4. Place where wife is residing after separation.

DOCUMENTS REQUIRED FOR MUTUAL CONSENT DIVORCE:

The documents required for filing mutual consent divorce petition is as under:-

1. Marriage Registration Certificate. 2. Wedding Card 3. Marriage Photographs 4. Passport size photos of both parties 5. Address proof i.e. Aadhar card, passport, rental agreement, etc.

STEPS TO BE FOLLOWED FOR MUTUAL CONSENT DIVORCE PROCEDURE:

For mutual consent divorce, the following steps and procedure needs to be followed as per law:

1. FILING THE PETITION:

The first step for mutual consent divorce procedure is to meet an expert Matrimonial /Family lawyer who deals which these issues enabling both the parties to get the clarity and guidance on deciding the terms and conditions of a mutual consent divorce petition. On finalization of settlement terms and conditions, a mutual consent petition along with necessary affidavits, list of documents, consent terms, other applications and Vakalatnama would be prepared and after the approval of the draft by both the parties, the same would be filed before the Hon'ble Court.

2. FILING AND FIRST DATE OF HEARING:

After finalization of Mutual Consent Divorce Petition, both parties will have to jointly sign the paper work and file the papers before the Hon'ble Court. Once the papers are filed, the lodging number and the next court date is given. On the date given, both the parties would have to come to the Court for the 1st motion i.e. for mandatory verification and Counselling. Verification is the process wherein the Court verifies both the parties and then sends them for counselling. Marriage counselling is the compulsory procedure wherein both the parties have to undergo the counselling sessions. After the procedure is complete the court gives the date for the 2nd motion after 6 months. This 6 months period is also known as cooling off period as per law wherein the parties could rethink and resolve their issues if possible.

3. 2ND MOTION AND JUDGEMENT:

After the cooling off period i.e. after 6 months, both the parties have to again come to the court. Again there is a mandatory counselling session and after the counsellor talks to both the parties, the counsellor sends a report to the Court. The parties are also required to file their respective claim affidavits and after which the court pronounce the final order/judgment.

4. COST OF MUTUAL CONSENT DIVORCE IN INDIA:

The court fees for filing mutual consent divorce petition in India is nominal. The court fees/stamps as per law required on the mutual consent petition is Rs. 100/-. You have to affix Rs. 25/- court fees/stamps on affidavit of each party and Vakalatnama as well. However, the professional charges/fees for the entire mutual consent petition would differ from lawyer to lawyer. Top expert Matrimonial lawyers may charge higher professional legal fees than normal as they do perfect paper works professionally avoiding goof ups which complicates the matter making it complicated, in turn saving every ones time & taking the processes smoothly.

DIFFERENT PERSONAL LAWS FOR MUTUAL CONSENT DIVORCE:

There are different STATUTES / PERSONAL LAWS for mutual consent divorce in India which are as under:

1. MUTUAL CONSENT DIVORCE AS PER HINDU MARRIAGE ACT, 1955:

If both the parties are Hindu by religion and have got married as per Hindu Vedic rites and rituals, one can file and obtain a decree of divorce by mutual consent under section 13B of the Hindu Marriage Act, 1955. There are certain conditions which needs to be fulfilled in order to file for the mutual consent divorce petition which are as under:

i. Both the husband and wife have been living separately for a period of one year or more; ii. That the husband and wife have not been able to live together; and iii. That the husband and wife have mutually agreed that their marriage should be dissolved.

2. DIVORCE BY MUTUAL CONSENT UNDER DIVORCE ACT, 1869 FOR CHRISTIANS:

If both the parties are practising Christian religion, they are governed by the Divorce Act, 1869 as per law. Christians can file for Mutual consent divorce under section 10 A of the Divorce Act, 1869. There are certain prerequisites which needs to be fulfilled in order to file for mutual consent divorce petition which are as under:

i. Both the husband and wife have been living separately for a period of two years or more; ii. That the husband and wife have not been able to live together; and iii. That the husband and wife have mutually agreed that their marriage should be dissolved.

3. DIVORCE BY MUTUAL CONSENT UNDER THE SPECIAL MARRIAGE ACT:

This is a special provision in law where two people of different religion and/or the same religion can get married to each other by completing the process of marriage under the special marriage act, 1954. Where both the parties get married before the Officer of the Registrar of Marriages, they are governed by the provisions of the Special Marriage Act, 1954. If there are any disputes between the parties in the marriage, they can approach the court under section 28 of the Special Marriage Act, 1954 for mutual consent divorce. However there have to fulfil certain grounds in order to file for a divorce which are as under:

i. Both the husband and wife have been living separately for a period of one year or more; ii. That the husband and wife have not been able to live together; and iii. That the husband and wife have mutually agreed that their marriage should be dissolved.

4. DIVORCE BY MUTUAL CONSENT UNDER MUSLIM LAW:

In India, the Muslim law is an uncodified law and hence talak or mutual consent divorce in Muslim can happen even without approaching the court. As per Muslim Laws, a marriage is a contract and hence they can dissolve their marriage mutually in two ways which are as under:

1. Khula:

As per Muslim Law, Khula is the right of a woman to divorce her husband. Which means that khula is initiated by the wife as she is wanting to dissolve her marriage and in return the wife gives the husband some amount whether this amount is the mehr given to the wife or more or less than that. After receiving the amount by the husband a khula is done before the Kazi in front of two muslim witnesses who are above 18years of age and that the husband cannot revoke/cancel the khula after the consideration/amount is paid to him by the wife and divorce is final.

2. Mubarat:

As per Muslim Law, Mubarat can happen when both the spouse amicably and mutually agree to dissolve their marriage by consent . Once they come to settlement terms regards all issues with each other they can draft the agreement from a lawyer and then approach the Kazi along with two Muslim witnesses who are above 18 years of age and final the divorce as per the Muslim personal law, they cannot revoke/cancel the Mubarat/talak finalised.

UNCONTESTED DIVORCE VS CONTESTED DIVORCE:

There are ONLY two ways in which parties can file for a divorce.

1. Uncontested Divorce:

Uncontested divorce is also called as Mutual consent divorce which is one of the quickest and easiest way to get a divorce without putting any allegations and accusations on the other spouse. The complete procedure of a Mutual consent divorce can happen in 6 months from the date of filing and can be stress free and a very smooth process.

2. Contested divorce:

Contested divorce is done when both parties cannot come to a conclusion for dissolving marriage by mutual consent and that as per personal law there are issues and reasons with appropriate claims and when there is discord in settlements due to differences in sorting the matter, hence the only option available is to file for divorce by a contested way by invoking the available statutory law for seeking right redressal from the other spouse. Contested divorce is very time consuming and no one would be able to tell you how long will the entire process take to get a divorce.