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Tuesday, May 28, 2024

Mutual Divorce: Conditions, Considerations, and Procedure

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Whenever we think about divorce, we always think of it as a contested phenomenon that involves two disputing couples. However, divorce can be either a contested divorce or a mutually consented divorce. Either way, the concept has been criticized in the past, but it has been changing recently in India. In a mutual divorce, the husband and wife agree to terminate the marriage on mutual grounds. In such a type of divorce, the procedure is a lot smoother, but you will require the help of divorce lawyers. 

Conditions to fulfill for a mutual divorce

The Hindu Marriage Act 1955, specifically Section 13B, enables both spouses to file for a mutual divorce but under the following conditions: 

  • Both spouses must have lived separately for not less than one year. 
  • Both spouses must have the thought of being unable to live together. This means that the parties have no possibility of reconciliation between them. 
  • Both spouses must mutually agree that the marriage has collapsed. 
  • Both spouses agree to file and comply with a mutual divorce together without bribery, fraud or undue influence. 

Considerations in mutual divorce 

A mutual divorce lawyer will not consider the same things that a domestic violence lawyer in Delhi will examine in a mutual divorce. 

  • The matters of child custody
  • Issues of maintenance of shared properties
  • The amount of alimony and the need for alimony to be paid
  • Splitting assets and properties that the spouse owns

How will you file for mutual divorce? 

  • File for a joint petition

Filing a joint petition in the respective family court is the first step to divorcing by mutual consent. Both the parties must sign the petition, which must contain a joint statement mentioning the irreconcilable differences between the parties. The statement must also mention the agreement to the custody of children, splitting of assets etc. 

  • The court appearance of both the parties

This is the second step in mutual divorce, where the parties have to be present in the family court after filing the petition at a given date and time by the court. 

  • Court scrutiny of the petition

After that, the court will scrutinize the documents and petitions filed by the parties. If it is satisfied, the statements of the parties are recorded on oath. The court will attempt to reconcile the parties, but if it fails, the divorce will proceed. This is unlike a disputed divorce, where a domestic violence lawyer in Delhi will try to plead to the court for termination of marriage without reconciliation. 

  • Passing the first motion and the second motion

After recording the statements of the oath of the parties, the court passes the first motion. After that, the second motion is required to be given after six months. This will mark the end of the reconciliation period. After this, the court will decide on the divorce depending on whether the parties agreed to mutual consent. 


Irrespective of what the type is, a divorce is emotionally and financially stressful for the parties involved. But divorce lawyers in India will keep your worries at bay by taking care of all the legal proceedings on your behalf. 


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