In 1976, the Indian Parliament introduced Mutual Consent Divorce by amending the Hindu Marriage Act. It has brought relief. We recommend that mutual divorce is a better option than a contested divorce. It saves time, energy, money, and avoidable toxicity.
Parties desirous of mutual divorce are always perplexed as to how to initiate the process, the role of the court, the terms and conditions of mutual consent divorce, issues of maintenance and child custody, the duration of the divorce, the place of filing, and other related questions. The following paragraphs will answer all of your questions.
First step towards mutual consent divorce
Spouses should talk to each other about the future. If both spouses reach the conclusion that marriage is not workable, they should ease the tension surrounding them. They should accept that their marriage has broken down. Forget the fear of society. Nobody knows the situation better than the husband and wife themselves.
Accept that there can be agreement even in disagreement.
Custody of Children in Mutual Consent Divorce
If there is a child or children involved, the spouses should agree on custodial and visitation rights. They can discuss interim custody during summer and winter vacations and other holidays. Both parents are equally competent to take custody of the children. It is the understanding and agreement between parties that prevail. Parties can have an understanding of joint custody or shared parenting in the mutual consent divorce process. This can save parents and children from avoidable suffering.
Mutual Consent Divorce Financial Settlement
The next important aspect is a financial settlement. Alimony, maintenance, house, education expenses, higher education expenses, a marriage of children, istridhan, joint investments, joint accounts, and many other aspects of financial settlement exist. As mutual consent divorce lawyers, we provide a platform for parties to discuss these issues in a calm atmosphere and reach their own solutions. We, as mutual consent divorce lawyers, provide different options using our vast experience in the field to reach a settlement. Sometimes, emotions between spouses are so high that logic fails.
Location of mutual consent divorce filing
- The location where the wedding took place
- place where husband and wife last resided together
- The address of the wife at the time the petition is filed.
Mutual consent divorce procedure in detail
First Motion: Once the petition for divorce by mutual consent is filed, the parties’ presence is required in court for the recording of the statement. In the event one of the parties is unable to come, another party can appear through a power of attorney. A family member of the spouse should preferably hold such power of attorney. Once the statement is recorded, it is commonly called “the first motion that has been passed.”
Second Motion: After the first motion is passed, parties are called upon to wait six months before moving the petition for the second motion. This period is extendable up to 18 months. This six-month period is generally called a “cooling-off period.” Parties are given six-month periods to reconsider their relationship. It is given for reconciliation. The statements of the parties are recorded by the court. Once the statement of a minimum six-month period is recorded, the second motion is passed by the court. Thereafter, a decree of divorce is given. Marriages get dissolved.
Waiver of Time/Cooling-Off Period
This six-month period can be waived by the concerned family court upon filing an application for a waiver of six months. Family Court has the discretion to waive off the period. Thus, a time period of six months can be waived and may be reduced to as few as 15 days or a month or so.
During the period of six months, i.e., before moving the second motion, both parties have the liberty to withdraw their consent for divorce.