What is Mutual Consent Divorce?
Mutual consent divorce happens when husband and wife agree on a mutual understanding to dissolve their marriage without contention. Section 13B of the Hindu Marriage Act 1955 provides for mutual consent divorce. Legal team at Divorce Lawyer Delhi will educate you about the pros and cons of mutual consent divorce and help you accordingly to achieve one if you are, unfortunately, on the verge of seeking separation from your spouse.
Our Delhi divorce lawyer will make all attempts to negotiate with the concerned parties and their lawyer to come to an amicable settlement. It negates the need to go through a lengthy process if the divorce gets contested in court. It helps our clients agree on matters like property sharing and child custody quickly.
Conditions to invoke section 13B of the Hindu Marriage Act
- You should be living separately from your spouse for one year of more.
- Husband and wife consider themselves unable to be living together.
- Both spouses agree on the fact their marriage can get along no more, and should be dissolved amicably.
Why Mutual Consent Divorce Is Beneficial?
You don’t have to go to a trial and fight the case. With a lawyer from Divorce Delhi Lawyer by your side, the process saves you time and money. Perhaps the greatest benefit of a mutual consent divorce is that both parties save themselves from washing their dirty linen in public.
How does mutual consent divorce work?
Are there any court appearances in a mutual consent divorce? Yes, probably a couple of them.
- You are required to draft a joint petition which is filed in the court after both parties sign it.
- Statements of both parties are recorded and signed before the Honorable Court.
- The court will give you a six month reconciliation period.
- After six months pass, both parties appear before the court for the final hearing.
- In the end the Court issues the divorce decree as it deems fit.
Note to remember: The presence of wife’s either parent at the time of hearing is necessary in Delhi and NCR region.
Mutual Consent Divorce In Case Of Court Marriage
This kind of divorce is governed by The Special Marriage Act, 1954. Section 28 of the act provides for it if both parties have been living separately for one year, and both agree that the marriage should stand dissolved.
Who Will Draft And File The Petition For Me?
Understanding the law carefully and drafting a petition which doesn’t become a stumbling block for you are technical tasks which Divorce Lawyer Delhi’s legal team can effectively handle. You need a competent person to appear for you in at the time of hearing. Out lawyers can help you make this excruciating process smooth.
FAQs
Yes, the court can reject a mutual divorce petition if it doesn't meet the terms and conditions of the Hindu Marriage Act (HMA) 1955. If the court finds any violation in the case, it can reject the mutual divorce petition, even if both parties agree to a mutual divorce.
a mutual consent divorce can usually be finalized within 6 to 8 months from the date of filing of the petition. However, the exact timeline can vary depending on the specific circumstances of the case and the efficiency of the court proceedings.
No, a mutual divorce cannot be done in 3 months because mutual divorce laws are the same as normal divorce laws. Only in special circumstances is it possible to obtain a mutual consent divorce within 3 months, but the chances of this happening are very rare.
Mutual consent divorce is also the same as a normal divorce, but in mutual consent divorce, both parties have already come to an agreement regarding child custody, maintenance, property distribution, etc. The process for mutual consent divorce is simple and easy since both parties have already agreed to the proceedings.
