Mutual divorce procedure, documentation, time duration, loan amounts

654 votes

For divorce by mutual consent a Petition needs to be filed in Court and all the terms and conditions regarding loan and other things can be stated there in. Feel free to contact me for seeking any legal advice as regards the same.

Advocate Prerna Shukla LawRato

655 votes

Hello For mutual consent divorce there has to be terms decided mutually between the parties You both can file a joint petition after deciding to dissolve marriage deciding many other factors in addition to the loan amount Please feel free to call.

Advocate Susmita Jagtap LawRato

906 votes

Well, in order to seek Mutual Divorce, your Husband needs to become ready and go for it. If he withdraws his consent to Divorce you during the Pre filing of Mutual Divorce or during the Ongoing Motions of Mutual Divorce, then you will not get Divorce and as such, one option which will be left with you is to file and go for a Unilateral Divorce.

Advocate Pankaj Bajaj LawRato

959 votes

to go for mutual divorce first of all you both have to settle your issue with the intervention of the lawyer. further you both have to amicably decide about the loan taken for your use. there is a chance that with some favorable approach he may get ready to settle it for a good amount

Advocate Dimple Pradeep Chitte LawRato

811 votes

Here’s how you can proceed to file for mutual consent divorce and recover the loan amount from your ex-husband: 1. Mutual Consent Divorce Procedure: Draft a Mutual Divorce Petition: Both parties must agree on the terms of separation, including financial settlements. File Joint Petition: File the petition under Section 13B of the Hindu Marriage Act, 1955 in the family court where either spouse resides. Cooling-Off Period: After filing, a 6-month cooling-off period is given (can be waived under certain circumstances). Second Motion Hearing: Both parties appear for the final hearing, and the court grants the divorce. 2. Loan Recovery: Include Loan Repayment in Settlement Agreement: While drafting the mutual divorce petition, mention a clause about the repayment of the personal loan. Ensure your ex-husband agrees to take over the EMIs or repay you in full. Obtain Written Consent: Draft a written agreement stating the terms of loan repayment, signed by both parties, and get it notarized. Bank Notification: Inform the bank of the agreement and, if possible, transfer the loan liability to your ex-husband.

Advocate Kiran Ashok Gangurde LawRato