Divorce by Mutual Consent means when both the husband and wife agree that they can’t live together anymore and that the best solution is to Divorce. Without putting any obligations against each other a Divorce petition presented jointly before the honorable court in mutual consent Divorce. It is one of the quickest ways to get a divorce in India.
Divorce by mutual consent comes under Section 13-B of the Hindu Marriage Act, 1955, in which the husband and wife can file a petition before the court. In mutual consent both the parties agree for a peaceful separation. The Conditions required under section 13B of the Hindu Marriage Act are Husband and wife should be living separately for a period of one year or more, they are not able to live together, and that both the parties have mutually agreed that the marriage has totally distorted so marriage should be separated.
1)How to file mutual consent divorce?
The first step is to file a joint petition seeking a divorce before the District court. Couples who are seeking divorce will have to give reason why they are not able to live together and have to mention that in the petition In the first motion statement of both parties are recorded and then signed on paper before the Hon'ble Court. 6 month period is given by the court to the couple to change their mind Even after this period if both parties still don't agree to come together then they can appear for the final hearing. And Finally, Divorce will be granted by the court after the hearings if they are satisfied.
Preparing for Mutual Consent Divorce
A mutual consent divorce requires the husband and wife to be on talking terms. They must agree on a number of important matters, such as maintenance, custody and visitation rights and the separation of finances. This means much discussion even before getting a lawyer. Expect it too uncomfortable, but it is important to try hard to reach an agreement because the other route (without mutual consent) is an enormously difficult one that could end up taking years. Furthermore, in a mutual consent divorce, it is much easier to get fairer terms in case of custody of children. It is possible to have shared parenting or joint custody rights. As for the financial aspects of the divorce, you would need to decide the alimony, expenses of the children and how the money will be transferred. It is, of course, not necessary that the husband be solely responsible for this. It can be based on the capacity to pay.
What Needs to Be Agreed Upon
Custody of Child: You and your spouse must decide who will get custody of the child/children, or if custody of the child/children is to be shared. Either arrangement will be agreed to by the court, so long as it’s been mutually agreed to.
Alimony: The money that will be given to the wife by the husband or the husband by the wife must be decided by the parties themselves. The money can be a lump-sum amount or periodical payments. Typically, only the wealthy offer a one-time settlement. You may remember Hrithik Roshan offering an Rs. 400 crore settlement to Susanne Khan.
Return of Items: In the course of a marriage, much is interchanged. Both parties may invest in a property that is only in the name of one spouse; the jewelry of the wife may be in the possession of the husband. For a divorce to be mutual, all of this needs to be submitted independent of the courts
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