Rules for mutual consent divorce?


In Divorce Law
What are the rules for a mutual consent divorce? Married for 7 years. Both of us are working. I am looking to separate from my spouse and we both agree on filing divorce. Have a kid and am okay my husband having his custody. We are currently staying together. Home loan is paid by me but is a joint property by both of us. Spouse and kid will continue to stay in that house. I want to move the loan on spouse's name but I know husband can't afford the emi with monthly expenditures. What all things can I demand? Rights to meet my kid? Property? Jewellery?

Answers (5)


299 votes
If you and your spouse have reached an understanding with regard to the terms and conditions of the divorce in respect of maintenance amount, child custody, property division, etc., you can file a petition for mutual consent divorce in the district family court.The petition for mutual consent divorce shall be drafted based on the terms and conditions decided between the two of you.

Petition for mutual consent divorce can be filed at any of the following places:-
 
•    Place where marriage had taken place
•    Place where husband and wife last resided together.
•    Place where the wife is residing at the time of filing of the petition.

As per the Hindu Marriage Act, such petition can be moved jointly by both the parties under Section 13B of the Act on the grounds that you and your spouse:

•    have been living separately for a period of one year or more,
•    have not been able to live together and
•    have mutually agreed that the marriage should be dissolved.

The Court shall then record the joint statement of the parties and pass a first motion order giving a time period of 6 months to the parties to resolve their dispute, but in case the parties are unable to resolve the issues within the stipulated time, the Court shall pass a decree of Divorce

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336 votes

Divorce is by mutual consent, rules that apply for this category is husband and wife must be residing separately for at least 1 year, staying in two different rooms under the same house would qualify.
Next the terms on which each of you want the divorce, must be specified in an MOU to be signed by both parties, both parties must be present at the time of filing of the petition. after which a hearing date exactly 6 months from date of filing will be provided, both parties must appear, and then later on both must go for mediation after which court will grant divorce.
Visitation rights to meet your child, property inclusive of jewellary and alimony either one time or monthly may be sought from spouse.

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187 votes

In mutual consent divorce you both are should present the case before the family court through s advocate later after 6 months the matter will be posted before the court and it will send to mediation center there you both can mutually make one statement what ever you both agree and later finally court pass a decree on the basis of statement t

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72 votes

what is the valid and tenable reason to look out for separation, when you and your husband are currently staying together the question of agreeing for filing divorce is ruled out, there are many laws governing marriage, restitution, judicial separation and divorce, in compliance with the provision of law petition is to be preferred and not for the whims and fancies

87 votes

Once you file a Divorce Petition by mutual consent, there is a 6-month waiting period. After that period ends, you have to go back to Court. At that stage, you can draw up a Settlement Deed in which you and your husband can decide how to part ways, with regard to the joint property, visitation rights, custody rights, education of the child, bank accounts, jewelry, etc. All these details will be set out in a Settlement Deed which will be signed by yourself, your husband and your Advocate and it will be binding on both of you.


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