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Mutual Consent Divorce was brought by the Indian Parliament vide Amendment in the year 1976 in the Hindu Marriage Act. It has brought relief. We recommend that mutual divorce is a better option compared to the contested divorce. It saves time, energy, money, and avoidable toxicity.
Parties desirous of Mutual Divorce are always perplexed as to how to initiate the process, the role of court, terms, and conditions of mutual consent divorce, issues of maintenance and child custody, duration, the place of filing, and other allied questions. All your questions are answered in coming paras.
Spouses should talk to each other about the future course. If both spouses reach the conclusion that marriage is not workable they should ease out the tension surrounding them. They should accept that their marriage has broken down. Forget the fear of society. Nobody knows the situation better than husband and wife themselves.
Accept that there can be agreement even in disagreement.
If there are child(ren) involved, the spouses should decide amongst themselves about Custody of children and their visitation rights. They can discuss interim custody during summer and winter vacations and other holidays. Both parents are equally competent to take custody of the children. It is the understanding and agreement between parties that prevail. Parties can have an understanding of joint custody or shared parenting in the mutual consent divorce process. This can save parents and children from avoidable suffering.
The next important aspect is a financial settlement. There are various aspects of financial settlement which includes alimony, maintenance, house, education expenses, higher education expenses, a marriage of children, istridhan, joint investments, joint accounts and many other. As mutual consent divorce lawyers, we provide a platform for parties to discuss these issues in a calm atmosphere and reach their own solutions. We as mutual consent divorce lawyers provide different options using our vast experience in the field to bring settlement. Sometimes, emotions between spouses are running so high that logic fails.
Once the petition for divorce by mutual consent is filed, the presence of parties is required in the Court for the recording of the statement. In the event one of the parties is unable to come, such a party can appear through power of attorney. Such power of attorney preferably should be a family member of the spouse. Once the statement is recorded, it is commonly called First Motion has been passed
After passing of first motion, parties are called upon to wait for six months period before moving the Petition for the second motion. This period is extendable up to eighteen months. This six months period is generally called a cooling-off period. Six months period are given to parties to think about their relationship again. It is given for reconciliation. Statement of parties is recorded by the Court. Once the statement of a minimum of six months period is recorded, the Second motion is passed by the Court. Thereafter decree of divorce is given. Marriage gets dissolved.
This six months period can be waived by the concerned family Court upon filing an Application for a waiver of six months. Family Court has the discretion to waive off the period. Thus, a time period of six months can be waived off and may be reduced to as few as 15 days or a month or so.
During the period of six months i.e. before moving the second motion, both parties have the liberty to withdraw their consent for divorce.
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