HOW TO GET MUTUAL CONSENT DIVORCE THROUGH FAMILY COURTS IN INDIA

The first condition of Mutual Consent Divorce is that the husband and wife is not living together since one year.

Following are the steps which should be followed for Mutual consent Divorce:-

  1. Firstly, a divorce lawyer need to be finalised.
  2. The divorce lawyer will prepare a mutual consent settlement deed or Memorandum of Understanding stating the terms and conditions agreed between the Husband and Wife willing to proceed for Mutual Consent divorce. That should briefly mention;
  3. One time Alimony involved or monthly Maintenance committed by the Husband, if any,
  4. Custody of children, if any, and the details of their visitation rights,
  5. Any other terms or conditions finalised between the husband and wife,
  6. The lawyer will prepare a draft Petition for Divorce in which it is mentioned that the divorce is being filed with mutual consent.
  7. The draft petition once gets finalised, need to be filed in the District Family Court.
  8. On filing the petition, First Motion statement of both the parties will be recorded in the Family Court.
  9. As per the legal procedure, Family court provides 6 months of time to both Husband and wife to rethink about their decision and to revive their relationship, if possible.
  10. After the completion of 6 months statuary cooling off period, Husband and wife may approach the Family Court for proceedings of Second Motion statements, if they wants to pursue their decision further and agrees to take Divorce with mutual consent.
  11. Second Motion statement of both the parties will be recorded in the Family Court and the decree of divorce will be granted to the couple seeking divorce.

Mutual Consent Divorce is the easiest way to get divorce from your spouse. In some special circumstances, the Family Court allows to waive off the mandatory cooling off period of six months and may grant the Decree of Divorce within a month or two after the proceedings of the first motion of the mutual divorce.

Leave a Reply

Your email address will not be published. Required fields are marked *