Frequent question: What is a mutual consent divorce?

A written settlement agreement that designates property, financial and alimony issues signed by both parties. An agreement that resolves child custody issues signed by both parties. That both parties haven’t changed their minds from the time the agreement was signed to the date of your divorce hearing.

How long does a mutual consent divorce take?

Though contested divorce matters can take forever to reach fruition, divorce through mutual consent can be obtained within a short span of 1 to 2 months.

What happens in a mutual divorce?

Divorce by Mutual Consent or Mutual Divorce is when both husband and wife mutually agree that they cannot live together anymore and that the best solution being Divorce, they would present a Mutual Divorce petition jointly before the honourable court, without putting forth any allegations against each other.

What is the advantage of a mutual consent divorce?

A divorce by mutual consent can be managed by only one lawyer who will represent both spouses, resulting in lower costs for both parties. It is also more affordable, due to requiring fewer steps to complete than a Divorce for Cause, resulting in lower attorney fees.

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What do you mean by divorce mutual consent?

Divorce by mutual consent can be best understood as the legal process by which both the husband and wife mutually agree for divorce and, therefore, would like to terminate the marriage as per agreed terms. The mutual divorce petition is thus jointly submitted by the husband and wife to the Court.

Can wife claim maintenance after mutual divorce?

However, if the couple marries under the Special Marriage Act, 1954, only the wife is entitled to claim permanent alimony and maintenance. When a couple gets divorced by mutual consent, the decision on whether any alimony/maintenance is to be paid by either party is a matter of agreement between them.

Is alimony mandatory in mutual divorce?

Once you have decided to file for divorce by mutual consent, then you can agree to all the terms & conditions. You need not pay any alimony/maintenance unless your wife wants it.

Can mutual divorce be challenged?

Divorce by mutual consent is final and binding and thus cannot be challenged in any Court. The basis of such divorce is mutual consent and since both parties consented to the divorce, they cannot challenge the decision.

How do I pay in mutual divorce?

There is no system of deposit the money with court in the case if mutual divorce. Make two halves of the whole money. Pay first half at the time of filing the petition or after quashing the 498A case and remaining half at the time of final hearing of divorce suit.

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What are the documents required for mutual divorce?

Documents Required for Divorce with mutual consent

Address Proof – Husband and Wife. Four Photographs of Marriage. Income tax Statement of last 3 years. Details of profession and Income (Salary slips, appointment letter)

What are the disadvantages of divorce?

Here’s a quick list of the disadvantages of divorce:

  • Divorce ends your marriage.
  • Divorce costs money.
  • Divorce hurts.
  • Divorce reduces living standards.
  • Divorce changes personal relationships.
  • Divorce may strain your relationship with your church or synagogue.
  • Divorce hurts children.

Who should file divorce first in India?

There is no harm in filing for divorce first if the spouses able to prove that the other spouse had committed some act which is a valid ground for divorce under the provisions of section 13 of the Hindu Marriage Act.

What are the benefits of mutual divorce in India?


  • What Is a Mutual Consent Divorce? …
  • Quicker than Contested Divorces. …
  • Co-Parenting Made Easier. …
  • Generally Cheaper Than Contested Divorces. …
  • Contact Atkinson Law for Help with Your Mutual Consent Divorce.

Is 1 year separation mandatory for mutual divorce?

For filing divorce case one separation period is not mandatory but one year is mandatory if both you want to file mutual divorce petition. If you alone want to file divorce petition 1 year separation is not mandatory, you can claim permanent alimony and maintenance for you and your child.

Can wife claim maintenance after mutual consent divorce and mutually agreed payment of lumpsum as final settlement?

Justice Paramjeet Singh has also ruled that a wife is not entitled to maintenance when the couple is residing separately after divorce by mutual consent, and has accepted lump sum amount of maintenance as a full and final settlement.

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