Mutual Divorce is divorce where both spouse mutually agrees to end their marriage and approach the Family court with single mutual consent divorce petition for divorce whereunder parties move to court with their mutual divorce settlement. Mutual divorce is also called an uncontested divorce. Mutual Consent Divorce is a simple way of coming out of the marriage and dissolve it legally. Important requirements is the divorce through mutual consent of the husband & wife. There are two aspects on which Husband & Wife have to reach to consensus. One is the alimony or maintenance issues.
As per the Law there is no minimum or maximum limit of maintenance. Every spouse who wants to dissolve his or her marriage always prefer to have their divorce mutual as it gives less pain and saves the time and energy. It could be any figure or no figure. The next important consideration is Child Custody. This can be worked out effectively between the parties.
mutual divorce with child, Child Custody in Mutual Consent Divorce can be shared or joint or exclusive depending upon the understanding of the spouses. Consent divorce is always recommended by mutual divorce lawyer as it is wise step and reduce pain. We could even file divorce if the other party is not willing to get a divorce– this is called, ‘Contested Divorce‘.
Thinking to apply for How to apply mutual divorce? Mutual Divorce Lawyer… when this word comes in mind, the next line which will appear in mind is transparency, confidentiality and credibility as both spouse together not able to keep faith on one person. Since you don’t know anyone personally, you will end up your search on terms like best lawyer for divorce in Mumbai, top divorce lawyer in Mumbai, best divorce lawyer in Navi Mumbai etc.
In the Hindu Marriage Act in the year 1976 Section 13B, was inserted to include divorce by mutual consent under hindu law, and it provides that decree for divorce can not be passed before completing total 18 months.
1 year separation period for mutual consent divorce is required under Section 13B(1), after which divorce petition can be moved by a couple. This may be followed by another six months of waiting mutual divorce period under Section 13B(2) for getting a decree.
Following are most important aspects to be covered in mutual consent divorce petition. Following points are most important part of mutual divorce formalities and it forms mutual divorce terms and conditions in total. To make your mutual consent divorce petition complete, you have to mention terms and condition of both spouse mutually decided on following points, otherwise there are chances of dispute over some issues even after mutual divorce order of mutual understanding divorce.
At the time of divorce if wife or husband is unemployed or financially weak, it could be mutually decided how much money to be given to him or her. Sometimes if marriage did not worked because of one spouse and other spouse feels like victim, in such situation while coming to the conclusion of Mutual Divorce, how much amount of compensation to be paid to spouse who feels as victim. The amount could be paid at the time of mutual consent divorce as permanent maintenance (One time lumpsome compensation) or Monthly maintenance to the other time till certain time mutually decided between the parties.
In Mutual consent divorce both spouse agree to terminate their marriage. Sometimes parties gets separated first and then apply for the mutual consent divorce. Sometimes they file consent divorce and after finalization of the dissolution of marriage by mutual consent they get separated. Depending upon circumstances spouse exchange article and jewelry they have of each other. Mostly during the mutual divorce procedure, they exchange the article and jewelry with each other amicably.
Role of the Divorce lawyer is very much important at this stage of mutual divorce procedure as their are huge chances of spouse to fight over their articles and jewelry. Its a duty of mutual divorce lawyer to help both spouse to avoid any dispute and amicable talks on exchanges of article and jewelry.
Mutual consent divorce takes 6 months.
1. Contact us. 2. We will take your details and documents. 3. Meeting with husband and wife. 4. Drafting of petition by mutual divorce lawyer and sharing of mutual divorce petition on email with both parties. 5. Approval on mutual divorce petition. 6. Filing of Mutual divorce petition in the Family court.
No, can mutual consent divorce can not be challenged. Once you decide to go for mutual divorce means you also have agreed for mutual divorce on some condition, Hence after getting mutual divorce decree you can not challenge it. However Mutual divorce have 6 months cooling off time and at the said time if you want to think about taking back the mutual divorce you can certainly do that.
After filing mutual divorce you have 6 months cooling off time and at the relevant time if you want to think about taking back the mutual divorce you can certainly do that and withdraw mutual consent divorce.
1. Contact us. 2. We will take your details and documents. 3. Meeting with husband and wife. 4. Drafting of petition by mutual divorce lawyer and sharing of mutual divorce petition on email with both parties. 5. Approval on mutual divorce petition. 6. Filing of Mutual divorce petition in the Family court.
1. Section 13B of the Hindu Marriage Act 1955 2. Section 28 of the Special Marriage Act, 1954 3. Section 10A of the Divorce Act, 1869 4. Section 32B for Parsi Marriage Act 1936
No it is not mandatory. It depends upon the both spouse whether to ask for alimony or not. There is no law which makes alimony mandatory in mutual divorce.
Since it is mutual divorce petition you dont have to prove separation. Both will make statement about the separation in affidavit and same will suffice.
Step 1: file for divorce. petition Step 2: Appearance before Court and counselling. Step 3: a period of 6 months is given as cooling off period to rethink. Step 4: Appearance before Court and counselling. Step 5: Judgement.
No, Once husband and wife separated by decree of mutual divorce, wife can not claim maintenance if she submitted in divorce petition that she will not claim maintenance from husband in present and future.
The quickest way to get a divorce is to convince the spouse. Consult divorce lawyer. File mutual divorce petition.
