Mutual Consent Divorce advocate in Rohini Court| Best Mutual Consent Divorce Lawyer in Delhi | Lawyer for Mutual Consent Divorce in Rohini Court Delhi
Mutual Consent Divorce is one of the most efficient ways to get divorced in Delhi NCR, India. In Mutual Consent Divorce, both husband and wife mutually agree to get legally separated with all the terms & conditions discussed and agreed upon and entered into a MOU. Unlike Contested Divorce, the process of Mutual Divorce is rather smooth, quick and effective.
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How does Mutual Divorce in Delhi work?
Divorce by Mutual Consent is the most preferred and hassle-free way of dissolving marriage where both parties i.e Husband & Wife have to reach Mutual agreement regarding terms and conditions for Divorce.
- On the basis of settlement and agreement, petition for Mutual Consent is drafted and filed under section 13B of the Hindu Marriage Act and Under Christian Marriages, section 10 A of the Indian Divorce Act.
- Divorce Petition gets drafted which includes terms of settlement agreed between the parties.
- Such Mutual Consent Divorce Petition shall be filed in the Family Court of Delhi.
- Matter will come up for hearing in the Court for the First Motion to be passed.
- Court then provides six months’ time to parties to reconsider their decision. This is also called the ‘Cooling Period’.
- Then Second Motion is set up.
- Aforesaid steps shall be repeated. Statement of parties will be recorded again.
- After such recording of statement, Court will grant pass order and judgment, decree for divorce is granted.
After the latest Supreme Court judgment which came in September 2017, the cooling off period of 6 months can be waived off by the concerned Family judge so the time duration in completing a mutual divorce can be anything between of 1 month to 6 month from the date of filing the case. The first motion is valid for a maximum time frame of 18 months from the date of filing the case.
For entire mutual consent divorce in Delhi procedure is as follows:
- There are 2 mandatory appearances for the couple to be made in the Family Court in a mutual consent divorce proceeding.
- In a mutual consent divorce, both the spouses act as Petitioners because both the spouses are in agreement to dissolve their marriage.
- The first step towards initiating the divorce procedure is to draft a joint divorce petition and file it at the relevant Family Court.
- Subsequently, the spouses would present their separate lawyers to represent them in the court.
- The mutual consent divorce petition consists of a joint statement by the couple stating their incompatible differences and that they can no longer cohabit together and therefore, should be granted a divorce.
- The same joint petition further consists the agreement relating to the custody of children, splitting of assets, alimony, maintenance, etc.
- In the first motion, statements of both the spouses are recorded and then signed on paper in the Court.
- After this, a 6 month cooling off period (not mandatory) is given to the couple towards one final attempt for reconciliation which is solely to provide one last hope for the couple to re-think about their divorce and try and make things work out.
- After the lapse of the said 6 months also known as the reconciliation period, if both parties still don’t agree to cohabit together, then the spouses have to appear for the second motion called the final hearing.