Mutual consent Divorce Procedure and complete guide
What is Mutual Consent Divorce?
Mutual consent divorce is a process by which martial status of a married couple comes to an end. This is one of a way to get divorce and most easiest form compared to other forms like Divorce by Desertion, cruelty, Adultery etc. This mode of divorce is normally called uncontested form of divorce and is envisaged in Section 13B(1) and 13B(2) of Hindu Marraige Act 1955. This form is commonly known as first motion and second motion divorce petition both petitions separated by 6 months period.
Procedure to get Mutual Consent Divorce
Here are some of the requirements of getting divorce by mutual consent
As the name suggest Mutual consent divorce first requirement is that there must be a mutual consent between the couples. That means all issues between them like custody of children, maintenance, alimony have been resolved between them and only they intend is to get a divorce only. There is also a separation period between the couple of not less than one year. the divorce by mutual consent
How to come to a mutual consent
The husband and wife sit together either with the help of close relatives, lawyers or in mediation. They first decide custody and visitation rights of children and their custody normally custody of children goes and decided mutually in favor of wife and husband do get visitation rights if this is decided then they proceed ahead with issues related to maintenance and alimony to wife. Normally husband agree on lump sum and one time payment of fixed amount in favor of wife and wife on the other hand will not demand any maintenance or alimony in future. only when all the above issues are resolved the mutual consent divorce is possible.
2. Preparation of Mutual consent divorce agreement
After oral discussion its now time to get it on paper here at this stage mutual consent agreement is prepared and which is a detailed documents of whatever has been agreed between the couples they are bound by it. the mutual consent agreement has to be notarized and signed in front of notary public.
3. List of documents for mutual consent Divorce
- Petition of mutual consent divorce both motions along with waiver of 6 months cooling off application in case you wish to waive off 6 months waiting period between two motions. if other spouse is in other country then power of attorney of other spouse.
- 4-5 recent photographs to be pasted on petition and agreement.
- Proof of marriage which includes either Marriage card with marriage photographs or marriage registration certificate with marriage photographs.
- Id card with address proof
Note: you must carry originals at time of court hearing.
4. Court Hearings
At the time of court hearing you must reach on time and all originals must be carried by you at the time of hearing. Once your matter name is called you must be ready to answer questions put up be judge.
- Common questions like date of marriage and separation?
- custody of children?
- Consent is without any coercion or undue influence?
After basic questions the couple move ahead for verification of original document and hearing is concluded once they sigh on their respective statements.
Conclusion of Mutual consent divorce Proceedings
After the conclusion of both first and second motion court hearings the court will prepare a decree of divorce which is a formal document of divorce and officially couples are separated by decree of divorce and process is concluded.
By Adv. Nitish Banka
Nitish Banka, a Member of Bar Council of India is practicing in the field of Matrimonial, Civil and Criminal law as well as corporate legal consultant to various firms.