Divorce by Mutual Consent: An Easy Way to End Your Marriage
Table of Contents
The resolution of disputes amicably is always considered the best way. The few key points are that there is no allegation or counter-allegation as the proceedings are mutual. The parties rely upon grounds like incompatibility and the breakdown of a relationship; the same is unretrievable, and there is no chance of reunion.
The other general terms apart from the terms agreed therein, there is no further claim against each other or their family or relatives either for past, present or future; there will be no interference in the life of each other either directly or indirectly; the parties will never defame each other; and shall never post anything against each other on social or any media.
In Divorce by Mutual Consent, all the disputes concerning everything are decided mutually only. Thus, finally, the order is smooth. Instead, if the parties for irreconcilable differences are not able to reach a mutual agreement, then for separate issues, separate legal proceedings are followed, which are time-consuming on the one hand and are undoubtedly expensive in comparison to mutual settlement by way of mutual consent divorce.
Eligibility and Legal Requirements for Divorce by Mutual Consent
Eligibility for Divorce by Mutual Consent Divorce depends upon the personal law applicable to the parties mostly concerning statutory limitation of time of separation. For Christians 2 years, for Hindus one year of separation and for Muslims, no separation period is required.
DATE OF MARRIAGE:
The parties should be married for more than one year because ordinarily, the mutual consent divorce can not be filed by you within one year of marriage. If the circumstances are exceptional and depend upon case to case, then one application (for example, under edition 14 if both the parties are Hindus) seeking permission to file the divorce within one year has to be filed along with the divorce petition.
JURISDICTION:
Place of marriage, Parties Last resided together, the place where the wife resides after separation. If the wife lives abroad, the place where the husband is residing after separation is where the divorce petition is presented.
REQUIREMENTS :
The parties should stay separate for more than one year in the case of Hindus and two years in the case of Christians – before filing the mutual divorce petition.
AGREEMENT:
The parties should agree to agree during the mediation process or can reach an agreement at the initial stage itself for the following aspects:
Alimony or no alimony :
If the wife is capable of maintaining herself, then she is not entitled to any maintenance, though if both parties agree to any amount, then the court will not question that.
Child Custody:
Usually, the child’s custody ( below 18 years) is given to the mother unless exceptional circumstances exist and the child’s welfare is paramount. Though the parties can agree for sole custody with either parent or shared custody, formulating equal distribution of the child’s time and with a view of not trouble, the child can accommodate in the same/nearby locality.
Guardianship of the child:
The guardianship is essential for making decisions for the child, relating to day-to-day affairs concerning schooling, etc, or for particular purposes like applying for a passport or visa. The consent of the guardian is essential for these matters. Until agreed otherwise, both parents are co-guardians of the child. They can continue the same or agree to sole guardianship with either parent.
Child Support:
The child’s day-to-day expenses, school fees, extra class fees, extracurricular activities fees, medical expenses, or insurance are the primary areas where the child needs parental support. Both parents can agree to specific structures, like sole expenses by the father or shared by calculating the costs in the particular case. These days, when the mother is working in contested cases, the entire burden is not put on the father. Still, since this is a mutual consent divorce, both parties can agree on any terms, and the court will not force anything upon anyone.
Child Visitation:
The non-custodial parent has the right to visit the child, and the child has the right to see the non-custodial parent. Thus, a visitation can be decided mutually. In contested cases, it usually starts part from up to 15-30 minutes of video calls every alternate day; the physical visitation begins from a few hours to the weekend every fortnight (depending upon the age of the child), up to half of the vacation and for a few hours on important days like birthdays or festivals. But since it’s mutual, both parties decide to their mutual satisfaction.
Disposal of joint properties:
All the points that may give rise to mutual disputes in the future should be resolved at once when parties are getting their ways parted by way of mutual consent. So, all properties in the joint name must be disposed of either by one joint owner releasing the property in favour of another joint owner or by selling the same and dividing the sale proceeds per their mutual wish. Even if the property is under loan, there have been cases where it was possible after talking to the bank and obtaining No objection from the bank.
Exchange of gold/silver or other jewels or household articles, closure of funds, investments and securities.
Form to Contact
Process of Divorce by Mutual Consent
Once the terms mentioned above/understanding to agree at the mediation stage along with documents is given, the following process follows:
Ordinarily, the mutual divorces happen within 1 week to 213 days
Making of petition
The first step in applying is to make a petition, to make it the following information required.
1. Name
2. Father’s name
3. Address along with address proof like Aadhar Card/ Vote ID/ Passport / Driving License/ Bank Account Statement/ Gas Bill/ Water Bill/ Electricity Bill.
5. Place of marriage
5. Venue of marriage
6. If in case the marriage is registered, then the jurisdictional registrar’s office address and registration certificate number
7. Date of separation – Note: More than one year (for any couple except Christian) or two years (for Christian marriage) separation is required for filing a mutual divorce case
The parties broadly mention the following terms and conditions apart from any other special term:
1. There is an incompatibility between the parties
2. The relationship between the parties is broken down
3. The breaking down of relationship is irretrievable
4. There are no chances of a reunion
5. There is no other claim apart from what is specifically mentioned in the petition
6. The parties undertake not to interfere directly or indirectly in the life of each other after getting a divorce
7. The parties will not file any case against each other after the divorce
8. The parties will not post anything relating to each other on social media
9. Any other term
Once this information/terms and conditions are given, one rough draft is prepared. Once both parties approve the draft, the petition is ready for signing.
Signing of Petition
The petition has to be physically signed, and the affidavits have to be notarized.
Cooling period
Ordinarily, the cooling period is six months. Still, there are sufficient grounds, like the age of the parties or other personal or career opportunities, for parties to agree that the cooling period can be waived off. In that case, one application and the petition can be made. After hearing our arguments and the documents produced in support thereof, it will be up to the Court to decide whether the six-month cooling period can be fully or partially waived. After a few days/ weeks/ months, the matter will be posted for the parties’ appearance.
Appearance of parties / referring the matter to mediation
Appearance of parties / referring the matter to mediation
Mediation:
One mediator is appointed by the Court to help you make a final divorce agreement. Once you both approve the deal, type it by the mediator and sign. Your terms are locked.
Final Appearance / Reporting settlement:
The Court will ask you for the content like date of marriage, place of marriage, and other terms mentioned in the agreement to confirm if there is any coercion on you. Once all the answers are given, the Court will pass an order of divorce in terms of settlement agreement.
Decree:
Preparing the final decree takes a few days/weeks.
The final court order, mediation agreement and decree will form your divorce documents.
Reason for Divorce by Mutual Consent and other terms:
Unlike contested cases, mutual Divorce is without any allegation or counter-allegation. The reasons for Divorce are as follows:
The parties are incompatible.
The relationship is broken down.
The breaking up of a relationship is irretrievable.
All the efforts to reunite have been failed.
The parties have no further claim against each other for past, present or future.
The parties will never interfere in each other’s life either directly or indirectly.
The parties will not post anything against each other on social media and will not defame each other in any manner.
The parties will not file any case against each other and will withdraw the claims already filed.
The documents required for Divorce by Mutual Consent
The wedding card
The marriage certificate if the marriage is registered
Two wedding photographs
Address Proof: Aadhar Card, Voter ID, Passport, Driving License, Bank Account Statement, Gas Bill, Water Bill – Any of these documents is sufficient. Since both parties mentioned living separately, separate residence proof is required. The rental agreement needs to be a valid address proof.
