Topics on Divorce with Mutual Consent that can help for an Informed Decision.
Mutual Divorce is the type of divorce where a couple opts to end their marriage without getting into a conflict with each other. The only condition that a couple needs to satisfy before applying for a divorce with mutual consent is that they have not been able to live together for a period of at least one year.
It is pertinent to note here that the couple may have lived together under the same roof but not as a normal husband and wife, i.e. they have been staying in different rooms, or have not communicated with each other for a long period, or have restrained themselves from indulging in a sexual intercourse, etc.
When opting to for a divorce on mutual consent, the couple pre-decides on the terms of divorce. Common issues in a divorce like custody of children,payment of maintenance, division of assets, etc. which generally create a bone of contention between the parties, are settled in advance by the couple in case of a divorce with mutual consent.
Getting a divorce is a tedious task- added to the major life changes and emotional upheavals are the efforts one puts in to attend court hearings and not to forget, the related expenditure! Divorce through mutual consent can help you save the drama which comes with every divorce and provides a easy and fast way to get a divorce. Here are the benefits of a Mutual Divorce, which can help you end your marriage on a happy note-
- Divorce by mutual consent procedure will save you a lot of time as compared to a contested divorce since you only need to appear twice in the court and it’s done! That way, you can get a divorce without affecting other aspects of your life.
- Less travelling means less expenditure. Therefore, neither you nor your lawyer is required to appear more than twice, at best. Consequently, the total valuation of your divorce decreases to a nominal amount-- all expenses related to lawyer’s fee, litigation, paperwork, travelling etc., become affordable.
- No arguments or quarrels - no washing of dirty laundry in public. Since the decision is joint, therefore it leaves no room to attract any unwanted negativity from either the society or between the respective spouses.
- Issues like custody of children, interim maintenance, alimony, division of assets etc., which also invite a lot of scope for litigation are pre-decided. Therefore reducing your legal bills to an extent and saving you time.
- Mutual divorce also helps in maintaining a long lasting healthy relationship between the children and the parents, which is not so in the case of a contested divorce since the spouses are at loggerheads with each other thereby affecting the lives of their children.
Divorce by Mutual Consent is a relatively easier and quicker way to dissolve a marriage in comparison to a Contested Divorce. Similarly, the procedure involved in this type of divorce is quite simple. The steps and procedure of mutual divorce is as follow:
- The parties present a Petition signed by both Parties for obtaining a divorce in an appropriate court through their lawyer.
- After filing the petition, the court hears both the parties and orders for a break of at least six months before finally deciding the case. The purpose of this break is to give time to the parties to reconsider their decision.
- Both the parties are free to withdraw consent if they decide to stay together. If any one of the parties decides to withdraw their consent to contest a divorce, they are permitted to do so. The divorce now turns into a contested divorce if the other party does not want to withdraw the consent for divorce.
- An application can be moved jointly by the parties to do away with six months’ time period if it is proved that there is no chance of reunion among the parties.
- The parties shall move to court after completion of six months but before eighteen months to set divorce proceedings in motion.
- If the time period of eighteen months has expired, then the court is not bound to pass a decree of divorce.
- The court hears both the parties to ascertain that the consent has been made by their free will.
- The court may make any inquiry as it thinks fit to determine that the averments made in the petition are true.
- If any irregularities are found in the petition or if the consent of any parties has been obtained by fraud, then the court will reject the petition for divorce.
- However, if it is proved beyond doubt that all the statements made by the parties are true and correct, then the court will pass a decree declaring the marriage to be dissolved with immediate effect.
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The parties can jointly file for mutual consent divorce when both husband and wife mutually agrees that their marriage has been collapsed and it cannot be repaired or reworked. However, the only condition essential for filing a petition for mutual divorce is that the husband and wife have not lived together for at least a year before filing the mutual consent divorce.
The petition for the mutual consent divorce can be filed in any of the below mentioned court-
- Where the marriage was solemnized;
- the place where wife resides; or
- the place where both husband and wife last resided together.
When a petition for divorce by mutual consent has been filed, along with that the petition of maintenance after mutual consent divorce can also be filed. Even if the wife is working and earning enough, the husband is not bound to, but at times, if they have agreed to the clauses of divorce by mutual consent, can give alimony to the wife.
The time period for the mutual divorce procedure may extend is 1.5 years, wherein the parties are required to appear before the court only twice. Hence, it can be said that the process and procedure of mutual consent divorce is simple and hassle-free.