Mutual consent divorce is the simplest and fastest way to legally end a marriage in India when both spouses agree to separate amicably. It reduces emotional stress, litigation cost, and time spent in court.
What Is Mutual Consent Divorce?
Mutual consent divorce is governed by:
- Section 13B of the Hindu Marriage Act
- Section 28 of the Special Marriage Act
It allows both husband and wife to jointly seek divorce without blaming each other.
Conditions for Mutual Consent Divorce
To file for mutual consent divorce:
- Both parties must agree to divorce
- Marriage should have lasted at least one year
- Parties must be living separately
- No possibility of reconciliation
Courts verify free consent before granting divorce.
Step-by-Step Legal Process
The procedure generally includes:
- Filing joint divorce petition
- First motion statement before Family Court
- Cooling-off period of six months (can be waived)
- Second motion hearing
- Final divorce decree
Courts may waive the cooling-off period in genuine cases.
Documents Required
Common documents include:
- Marriage certificate
- Address proof of both spouses
- Income proof
- Settlement agreement
- Photographs
Proper documentation avoids delays.
Timeline for Mutual Consent Divorce
The timeline varies:
- With cooling-off: 6–18 months
- Without cooling-off: 2–4 months
Court workload and cooperation impact duration.
Issues Settled in Mutual Consent Divorce
Parties must mutually settle:
- Alimony or maintenance
- Child custody and visitation
- Property division
- Stridhan
Clear settlement avoids future disputes.
Role of Online Legal Consultation
Online divorce lawyers help draft petitions, settlement terms, and guide clients without repeated court visits.
Conclusion
Mutual consent divorce offers dignity and closure. Legal clarity and cooperation ensure a smooth separation process.