Step by Step guide to Mutual Consent Divorce and FAQs

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What is Mutual Consent Divorce

Divorce by Mutual Consent is the simplest way to dissolve the marriage under the law. It is where both the spouses mutually agree to separate from each other. It is necessary that both the spouses have to agree to the procedure together otherwise one of the spouses cannt apply for divorce under this provision of law unilaterally.

What about alimony and child custody?

•In this case issue of alimony and child custody is pre decided and mutually agreed between the parties before going to the court.
•The court does not decide alimony or child custody in case of mutual consent divorce. If the parties do not agree on the point alimony and child custody then the court can refuse to grant divorce under mutual consent.

Is alimony compulsory?
•No, alimony is not compulsory under mutual consent divorce. Hence the parties can decide not to pay alimony to either of them.

When can a couple file for Mutual Consent Divorce?

•The couple who intend to file for Mutual Consent Divorce are required to wait for minimum of one year from the date of their marriage.

Which Place can the divorce for Mutual Consent can be filed?

•The couple can file their mutual consent divorce where the couple last resided together or where the wife is presently residing or where the marriage of the couple took place.

What is the procedure

•Step 1– The couple can file through a common lawyer or they may have two different lawyers.

•Step 2– After filing for divorce both the husband and wife are required to appear before the court. The officer of the court (counsellor) thereafter makes an attempt to reconcile the differences between the couple and check if the couple can stay together again.

•Step 3– If the couple is sure that they want to proceed with the divorce they may inform the court officer about it and the court thereafter shall ask the couple to appear before the court six months after that date.

•Step 4– After completion of six months when the couple once again appears before the court, the court confirms with the couple if they still stand by their decision of getting separated.

•Step 5– Once the couple confirms at they want to continue with separation the court orders divorce and from that date onwards the couple is said to have been separated.

When can a separated husband and Wife re-marry?

•The husband and wife who are separated can remarry only after the court passes an order of divorce and not before that.
•It is also important to mention that the husband and wife cannot remarry during the pendency of the application for divorce.

Can the couple withdraw the application filed before the court?

•Yes, during the span of six months the couple can decide to withdraw the mutual consent divorce application by filing an application before the court. In such case divorce decree is not passed as the couple again decides to stay together.

Author: Adv. Gauravi Adhikari

About the Author: Adv.Gauravi Adhikari is practising Advocate at Bombay High Court. She regularly appears before various other forums such as Family Courts, NCLT, Consumer Forums etc. She specializes in civil, family and corporate laws.

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