Mutual Consent Divorce

After hearing the parties and doing any required investigations, the court may issue a divorce order pronouncing the marriage dissolved if the petition is not withdrawn within six months (and no later than eighteen months) of the day it was presented.

What are the primary drawbacks of divorce by mutual consent? Waiting periods, property rights issues, complicated child custody issues and the possibility of consent revocation are the primary drawbacks. These difficulties may make things more difficult and lead to more financial and emotional strain.

In India in 2024, mutual divorce is a straightforward procedure in which both spouses consent to a peaceful dissolution of their union. In order for the court to approve a divorce, the partners must jointly file a petition for mutual divorce, indicating their decision to separate. 

The Karnataka High Court has ruled that a court cannot deny a separated couple’s request for a mutually consenting dissolution of marriage based only on the fact that they live together.

Divorce cannot be filed within 15 days of marriage; the marriage act has a one-year statute of limitations. The only way to end a marriage is to file for nullification within that year, which is not divorce; the entire nullification process must be finished within that year.

The parties may agree to settle the alimony if they are seeking a divorce by mutual consent. Depending on the parameters of the agreement, one spouse (regardless of gender) may pay the other a certain amount of money.

In most cases, filing for a mutual divorce requires a year of separation. In extraordinary situations, the court may choose to waive this time limit.

However, with a mutual consent divorce, there is no such restriction on getting married again after the divorce because there is a legitimate reason why the divorce was granted in the first place based on the parties’ agreement, therefore the issue of an appeal later on doesn’t come up.

The bill gives wives protections to fight divorces that would result in severe financial hardship, permits the court to waive the six-month waiting period for mutual consent divorces, establishes the notion of “irretrievable breakdown of marriage” as a basis for divorce and guarantees sufficient maintenance for children.

Attorney fees, court fees, expert fees and other incidentals are all included in the cost of divorce. Depending on the form of divorce selected and the intricacy of the case, the overall cost of a mutual divorce procedure in India can vary from INR 15,000 to INR 5 lakhs.

Since both parties choose to dissolve their marriage, mutual divorce is frequently chosen since it goes more smoothly and involves less fighting. Disagreement during a contentious divorce results in court fights and increased expenses. The ability of the pair to communicate and come to an agreement will determine which choice is better. 

Both parties must sign the required documents and agree on all terms if the divorce is mutual. One party must submit a petition to the court and serve the other party with it if the divorce is not mutual. The spouse who did not file the petition then has 30 days to reply. 

Both parties must sign the required documents and agree on all terms if the divorce is mutual. One party must submit a petition to the court and serve the other party with it if the divorce is not mutual. The spouse who did not file the petition then has 30 days to reply.

In India, it is possible to change a child custody arrangement. One parent may apply to revise the custody agreement if there has been a significant change in the child’s needs or circumstances, such as one parent moving to a new place.