Mutual Consent Divorce

Mutual Consent Divorce-The List of Significant Aspects

    If both spouses have decided to dissolve their marriage, divorce with mutual consent can be filed. Here are all important aspects one must understand for the petition of mutual consent divorce:

  • It is important that both parties agree with the terms of divorce and ready to separate.
  • Before filing the divorce, both parties should undergo the settlements and agreement sessions and make important divisions such as property, monetary possessions, and child custody.
  • Related sections for mutual consent divorce are section 13 B of the Hindu Marriage Act. For Christians, section 10 A of the Indian Divorce Act. For civil marriages, section 28 of the Special Marriage Act.
  • The petition for the divorced is drafted on basic terms, agreements, and settlements which are decided by both parties
  • The divorce petition is filed to the respective court for proceedings.
  • It is important for both the parties to attend the hearing sessions in court. The statement of husband and wife is recorded to peruse the petition.
  • The time period of six months is given to the couple for reconciliation, which is known as a cooling
  • If the couple sticks to their decision of divorce, the second motion is started.
  • Again the recording of statements takes place
  • After the statements recording session, the court will pass the judgment and verdict of divorce is announced.

Using the power of attorney and video conference for filing divorce:

If any of both parties aren’t able to attend the hearings in the courts, some of the states like Delhi allows the sessions through video conferencing. It is best for NRI cases. This is formed to save time and money, for those who live outside the country.

Also, Delhi court allows the statement of one party with power of attorney.

Important Note:

Those who want to dissolve their marriage before six months can send their plea to supreme courts because only Supreme Court can grant a divorce before six months and waive the cooling period (six months’ time of reconsideration).