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Introduction

Mutual Divorce or Divorce by mutual consent are the same thing when both husband and wife mutually agree that they cannot live together and wants to terminate the marriage. This process of Divorce is much smoother than divorce by other means. It is the quickest and easiest way to get a divorce in India under section 13B of the Hindu Marriage Act, 1955. In this, both spouses have the right to file for the dissolution of their marriage without putting any allegations against each other.

Essentials required for mutual divorce

The essential requirements which need to be fulfilled for mutual divorce are:-
1. Both the parties must be living separately for a period of not less than one year.
2. Both the parties feel that there is no chance of reconciliation or adjustment and they feel they cannot live together.
3. The parties must freely consent to the agreement of dissolution of marriage.
4. Without any undue influence both the party agree to comply and file jointly for a mutual divorce.

Documents required for mutual divorce

The documents which would be required for a divorce by mutual consent are given below:-
● Marriage certificate
● Address proof of husband and wife
● Evidence of living separately for a year
● Income tax statement proof
● Photographs of husband and wife
● Details of property and assets of the party
● Information about family
● Some other documents may also be required, depending upon the facts and circumstances of the case.

Procedure for filing mutual divorce

There are several steps involved to get a divorce by mutual consent.

1. Filing divorce petition

The first step towards mutual divorce is to file a joint petition in the respective family court. The divorce petition is signed by both parties and this petition contains a statement on which both the parties agree that there is no chance of reconciliation due to the irreconcilable differences, that the spouses can no longer live together and should be granted a divorce. This statement also includes the agreement regarding child custody or assets.

2. Court hearing and inspection

The second step is that both the parties appear in the family court along with their lawyers. The court scrutinizes the petition and all the supporting documents which were presented as proof before the court and if the court is satisfied, it orders for the recording of statements of parties on oath. In some cases, the court can try to reconcile and if nothing happens then the process of mutual divorce continues and the court will fix a date on which the parties will appear along with their counsels.

3. Record statement on oath and passing of the order on the
first motion

After scrutinizing their petition the court passes an order to record the party’s statement on oath. After recording their statement the first motion is passed by the Hon’ble Court. Then the parties have to wait for 6 months before filing the second motion. And the second motion must be submitted within the time period of 18 months from the date of filing the petition for the first motion.

4. Appear for the second motion

By the end of the reconciliation period or we can say after 6 months of the first motion, if both the parties still don’t agree to come together, then the parties may appear for the second motion and they can go ahead with the final hearing. In this also the parties appear and get record their statement. Also, Supreme Court stated that the time period of 6 months is not mandatory and it can be waived off depending upon the discretion of the court and courts do so if they feel that both the parties are sure of getting separated.

5. Divorce decree

If the court is completely satisfied by the dissolution of the marriage between both parties then the court grants a decree for divorce by mutual consent. And also if both parties do not have any differences concerning alimony, child custody, or sharing of the property then the mutual divorce reaches the final stage and the court gives the appropriate orders and dissolves the marriage. After that, the court passes the decree and at this stage the divorce becomes final.

Advantage of mutual divorce

Separating from your partner on a mutual understanding saves your future, removes unnecessary quarrels, and saves a lot of time and monetary resources. Investing your time on the wrong partner is a mistaken process instead understanding and taking a mutual divorce is the best option in such cases. It is also beneficial as parties can decide their own responsibility like child custody, alimony money, maintenance, and other important issues and because of this, it is the easiest form of divorce and certainly less expensive and time taking as compared to a contested divorce.

Time period to get a decree of divorce

It totally depends on the nature of the case. However, the average time period is of 6 months to 2 years. No definite time can be stated as each case is different from the other but mutual divorce has been seen as the least time-taking as compared to the other procedure of divorce.
Mutual divorce is much easier and more compatible in comparison to contested divorce it involves a long and complex procedure that takes a lot of time and also the partners put allegations on each other. But in mutual consent divorce, things go in a flow and without any sort of allegations. As divorce is still considered a wrongful act but now people are separating instead of living in an unpeaceful relationship. To know more about contested divorce you can check out this blog.
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