10 Steps to Apply for Mutual Consent Divorce

In our country marriage between two individuals is governed through various acts and a marriage is only considered legal in our country if it has been solemnized as per the laws of the country. As marriages are governed in our country there is a similar process laid down in various acts that govern divorce between two parties. A divorce is a legal declaration given by the court that the marriage between the individuals will not be considered valid. The court only gives the decree of divorce after following the proper process established by the laws of the country. In our country, there was no rule of separation of marriage before the introduction of the Hindu Marriage Act, 1955. Before this act, the couple between whom marriage is performed had to stay together even if they had any differences between them. But after the introduction of the act, the couple in which there are any differences in the marriage can take the help of divorce and can part away ways with their partner. Divorce helps individuals live their life in a better way as after the divorce they do not have to perform the obligation of marriage.

What is a Mutual Divorce?

Mutual divorce is a type of divorce in our country. In this, if the couple does not want to stay together in the marriage and satisfies the conditions mentioned in the act for divorce can file a petition for divorce in court. In this type of divorce both the parties must have to agree to end their marriage. If the consent of either of the parties is missing, then they cannot file the petition for mutual divorce. In the Hindu Marriage Act, 1955 section 13B explains the process of obtaining a mutual divorce. There are other acts as well in which people from different religions can apply for mutual divorce; i.e., Indian Christian Marriage Act, 1872, Parsi Marriage and Divorce Act 1936, Dissolution of Marriage Act, 1939, and Special Marriage Act, 1954.

10 Steps to Apply for a Mutual Consent Divorce

In the case of Mutual Consent Divorce, both parties must agree mutually to end their marriage. Here are 10 steps that need to be followed while applying for a Mutual Consent Divorce:

1. Discussion between Parties

The parties who are willing to dissolve their marriage have to discuss the same as after this process their marriage will be dissolved legally and their marital status will be dissolved. This is a very big step and the parties have to make sure that they have made up their mind to initiate the process and that it will not be recalled once started.

2. Draft a Memorandum of Understanding (MoU)

The parties need to jointly formulate a MOU for all the discussions. It is a very essential document as it will outline the terms of divorce between the parties. The parties through the document can allocate their property, and discuss the alimony and the custody of their children. It is important in a mutual divorce that the parties must agree on all these points then only they can together file for mutual divorce. If there is any disagreement between the parties, then they will not agree on the mutual divorce terms.

3. Collection of Documents

Various documents are required as per the law for filing for a mutual divorce petition. Both the parties need to collect all these documents before filing the petition in the court. The parties need to submit these documents along with the petition for a successful petition. Some of the documents that are required as per the law are address proof of both the parties, identity proof of both the parties, color photograph of both the parties, a photograph of the marriage, evidence that proves that they stayed apart for a period of one or year more and marriage registry certificate.

4. Divorce Petition

In this, both parties have to file a joint petition in the family court where their jurisdiction lies for the process of dissolution of their marriage. The parties have to submit to the court that they have not lived together for more than a year or more. The parties have to also submit to the court that they are not willing to live with each other and want to dissolve their marriage. Both parties have to sign the petition and submit the same in court.

5. Appearing before the Court and Inspection of the Petition

In this, both parties have to appear in court with their respective lawyers after filing the petition for mutual divorce. The court will then analyze all the documents filed before them and shall also verify that both parties have freely agreed on the terms of mutual divorce. The court in many cases can give a chance to the couple to reconsider their decision and if the couple does not want to reconsider, then the matter will be sent for further follow-ups.

6. Recording of Statements of the Parties on Oath

The court after verifying all the documents that are presented before them orders them for recording of their statements under oath. In this process, the parties have to record their statements under oath and have to agree that there is no pressure on them and that they are filing for mutual divorce because of the differences in their marriage.

7. First Motion Hearing

Husband and wife jointly states to the court that they are unable to live together because they are facing difficulties in adjustment. The court passes the order of the first motion after recording the statements of the parties who have filed for mutual divorce under oath. The filing of divorce petition by both husband and wife is legally known as “The First Motion Petition for Mutual Consent Divorce.”

8. Cooling-off Period

There is a cooling-off period of 6 months after the order of the first motion is passed. This cooling-off period is given by the court to the parties who have filed for mutual divorce. The parties can reconsider their decision of divorce and they can also withdraw their consent from the mutual divorce during this period.

9. Second Motion Hearing

After the expiry of 6 month cooling off period or the expiry of the reconciliation period, if the parties still want to proceed with the mutual divorce then they have to appear to the court for a second motion hearing. The apex court recently made a decision in which they clearly stated that there is no need for a cooling-off period if the parties have decided on a mutual divorce. The maximum period under which the parties must appear for a second motion hearing is 18 months. If the parties do not appear to the court within 18 months, then the court will not pass the decree of divorce to them.

10. Decree of Divorce

In a mutual divorce the consent of both parties is very essential and it is not possible to apply for mutual divorce if the consent of any party is missing. If the parties have reached a stage of a second motion of hearing, then there shall be no further discussion that is left and the court can pass a decree of divorce. After the decree of the court, the divorce between the parties is finalized and their marriage is legally dissolved.

Note: The information provided is sourced from various websites and collected data; if discrepancies are identified, kindly reach out to us through comments for prompt correction.