A mutual consent divorce is granted when both spouses agree to separate amicably. It is far quicker and less adversarial than a contested divorce, and courts encourage it wherever possible.
Eligibility
Under the Hindu Marriage Act, couples must have lived separately for at least one year and mutually agree that the marriage cannot continue. Similar provisions exist under other personal laws.
The two-motion process
- First motion: joint petition filed before the family court
- Cooling-off period of up to six months (often waived)
- Second motion: both parties reaffirm consent
- Decree of divorce granted by the court
Documents you'll need
- Marriage certificate
- Address and identity proof
- Photographs of the marriage
- Details of assets and settlement terms
- Custody and maintenance agreement, if applicable
A family lawyer helps you draft the settlement terms fairly and ensures the process moves smoothly, avoiding delays and future disputes.
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