What is mutual consent divorce?
The spouses file a joint petition (the first motion), then after the statutory interval they appear again to confirm consent (the second motion), after which the court may pass a decree.
The settlement between the spouses on alimony, maintenance, return of stridhan, custody and pending cases is the heart of a mutual consent divorce. It should be written clearly and completely.
Who may need this service
- Spouses who have agreed to separate
- Couples who have lived apart for a year or more
- Couples who want to avoid long litigation
Legal framework
Section 13B of the Hindu Marriage Act, 1955 (or section 28 of the Special Marriage Act, 1954). The second motion may be moved not earlier than six months and not later than eighteen months after the first motion.
In Amardeep Singh v. Harveen Kaur (2017) the Supreme Court held that the six-month period is directory and may be waived in suitable cases, considering factors such as the period of separation and failed mediation.
Eligibility and key conditions
- Living separately for at least one year before filing
- Both unable to live together
- Both freely agree to dissolve the marriage
Documents generally required
- Marriage certificate or proof
- Photographs of the marriage
- Address proof of both
- Settlement terms
- Details of children and custody arrangement
- Evidence of separation
Document requirements may vary depending on the applicable legal route, individual circumstances and the concerned authority.
Procedure
- Settlement. Agree terms on money, property, stridhan and children.
- Joint petition. Draft and file the first motion.
- First motion statements. Both spouses record statements before the court.
- Interval or waiver. Wait for the statutory period or seek waiver.
- Second motion and decree. Confirm consent; the court passes the decree.
Common problems we see
- A spouse withdrawing consent before the second motion
- Incomplete settlement terms
- One spouse abroad
How an advocate can help
- Negotiate and draft the settlement
- Prepare the joint petition
- Seek waiver where appropriate
Delhi courts and NCR
In Delhi, family courts sit in the district court complexes. We assist in matters at Tis Hazari Courts, Saket Courts, Patiala House Courts, Karkardooma Courts, Rohini Courts, Dwarka Courts, and in NCR at the district courts of Noida, Greater Noida, Ghaziabad, Gurugram, Faridabad. The correct court depends on jurisdiction rules for your case.
Related services
Frequently Asked Questions
Can the six-month period be waived?
Can a spouse withdraw consent?
Is personal appearance necessary?
Disclaimer: This page gives general information about the law and procedure as understood at the time of writing. It is not legal advice for your situation. Requirements may vary depending on the parties' circumstances, applicable law, jurisdiction and the concerned authority, and rules and forms change from time to time. Please consult an advocate before acting.