Divorce with Mutual Consent

When a marriage fails, it can be difficult to remain civil with your spouse. But if you are both in agreement that the marriage is over, you may want to consider mutual consent divorce. This allows you to file for divorce quickly and amicably, without any accusations or arguments.

With VakilG’s legal support, you can ensure that a mutual consent divorce goes smoothly and swiftly. Our teams of experienced lawyers will help you through every step of the process, ensuring that everything is taken care of properly the first time around.

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What is Mutual Divorce?

Divorce with mutual consent is a way of dissolving a marriage where both parties mutually agree to separate. Section 13B of the Hindu Marriage Act, 1955 provides for divorce by mutual consent and mandates that the couple may file a joint petition before the appropriate court for dissolution of their marriage. The law requires that there must be an irretrievable breakdown of the marriage with an agreement between both parties that they are going to end their marriage.

The legal support from VakilG will ensure that you and your spouse reach a fair settlement and have smooth proceedings for mutual divorce. The most important aspect of a mutual consent divorce is that it must be voluntary – neither party should be coerced or under duress to sign the agreement.

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Procedure for Mutual Divorce?

Once both parties have signed a mutual consent divorce agreement, they need to file a petition for divorce with their local district court and attach all relevant documents, including the marriage certificate and copies of affidavits from witnesses. The courts will then use this evidence to decide whether or not there are grounds for granting a divorce.

According to the law, the mutual consent divorce petition must be tried within 6 months from filing. If it is not heard during this period, the couple may file a joint application for dismissal with the appropriate court.

If the court approves your divorce petition, you and your spouse will be granted a divorce after a minimum waiting period of 6 months. This mandatory waiting period ensures that the couple has time to change their minds about their decision to divorce.

The entire process of mutual consent divorce can be completed in as little as 6 months, provided that both parties are willing to cooperate and there are no contested issues. VakilG can help you with all the paperwork and ensure that the process is completed as smoothly as possible.

Documents Required for Mutual Divorce?

The following documents are required for mutual divorce:

  • Marriage Certificate- if the marriage was registered, a copy of the marriage certificate must be attached to the petition. If not, an affidavit from both parties stating the date and place of marriage needs to be submitted.
  • Joint Divorce Agreement- a document signed by both parties that outlines the terms and conditions of the divorce, including child custody, alimony payments, etc.
  • Affidavits From Witnesses- affidavits from two witnesses stating that they were present when signing the joint divorce petition must be submitted along with the documents.
  • Financial Statements-both parties must submit their financial statements and the divorce petition to ensure that any alimony payments or other financial arrangements are fair and equitable.

The legal support from VakilG will help you navigate all of these complex documents and ensure that your mutual consent divorce is finalized quickly and smoothly. Their expertise in family law can help you resolve any issues that may arise during the process and ensure a fair outcome for all parties involved.

FAQs on Divorce with Mutual Consent

1. What is the minimum waiting period for a mutual consent divorce?

The minimum waiting period for a mutual consent divorce is 6 months. This mandatory waiting period ensures that the couple has time to change their minds about their decision to divorce.

2. What are the grounds for mutual consent divorce?

There must be an irretrievable breakdown of the marriage, which can be proven by various means such as adultery, mental cruelty, etc.

3. What is the procedure for mutual consent divorce?

Once both parties have signed a mutual consent divorce agreement, they need to file a petition for divorce with their local district court and attach all relevant documents, including marriage certificates and copies of affidavits from witnesses. The courts will then use this evidence to decide whether or not there are grounds for granting a divorce.

4. How long does it typically take to complete the mutual consent divorce process?

Depending on the case’s complexity, mutual consent divorce can be completed in as little as 6 months. However, VakilG will work with you to ensure that the process is as smooth and streamlined as possible to get on with your life as quickly and painlessly as possible. With their expert legal support, you can be confident that all aspects of your divorce case are being handled professionally and efficiently.

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