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Divorce By Mutual Consent In India Divorce By Mutual Consent In India

Bronze medal Reporter Adv Parmeshwar D.Pawar Posted 4 Aug 2020
Divorce By Mutual Consent In India

Divorce by mutual consent is the simplest way to legally dissolve a marriage. Mutual consent is where both spouses agree to peacefully part from one another. It is mandatory in a divorce that both parties agree to the marriage dissolution. If one spouse doesn’t agree to it, then the court cannot grant a divorce to the couple.

While applying for a mutual consent divorce, both the parties must decide mutually on the alimony, children's custody status, etc. According to law, there is no specific limit related to maintenance. It depends on the financial status of both husband and wife and other aspects.

When can a married couple file for mutual divorce?
1. Husband and wife intending to dissolve the marriage legally are expected to wait for a minimum of one year from the date of marriage.
2. They have no pending litigation against each other.
3. They have cleared all the property,maintenance and custody of child issues out of the court,
4. They have exchanged the gifts and jewelry received in marriage,

5. Both the parties should freely consent for the divorce by mutual consent,
6. They have to prove that they are not living together for a period of one year or more before the filing of the petition for divorce.
7. They should also show that during this period of separation both of them have not been able to live together as husband and wife.

The cost/ lawyer's fees for divorce by mutual consent

The fees of the lawyer are dependent upon the seniority of the advocate and his experience. If the mutual divorce involves the complications relating to the dispose of property and child custody then fees will be higher. But if you are agreed to take divorce without any complications then lawyers fees for divorce by mutual consent would be 25,000/- to 30,000/-. But the said fees vary from lawyer to lawyer but as both parties are agreed, you need not hire senior or highly experienced lawyer. a lawyer having experience for 5 or more years at Family court will do your work efficiently.

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