Mutual consent Divorce is a legal process in which both parties will part ways after their marriage with mutual consent. It is considered to be the easiest way compared to extended legal actions if there isn’t one’s own will from either side. Complexities like a waste of time, energy, and money are saved. There will be mutual agreement from both parties regarding the rules and regulations, like alimony or contested divorce. It is an expensive and long process that mainly focuses on mutual consent. Check here divorce lawyer fees in chennai
They must be separated for more than a year if they are planning to call off their marriage. There should be a 6-month gap between both motions, and the second motion can be filed after the first motion’s 6-month gap. The settlements are carried out meanwhile, like child care, property, pending actions, etc. Discuss and accept that the marriage has broken down, starting the healing process and moving forward. In cases of involvement of children, the custody and access rights must be discussed. The financial settlement must be considered like house rent, maintenance, joint investments, etc. Lawyers specialising in mutual consent divorce can create a serene and collaborative environment, empowering couples to engage in constructive discussions and find their solutions. The primary requirement for pursuing a mutual consent divorce is that both parties must be willing to end the marriage amicably, without opposition or dispute.
Both parties must be willing to part ways, and the case filing will be carried out in the family court with mutual consent divorce application. Various documents, such as these, must accompany the divorce petition.
- Proof of address and identity
- Passport-sized photos
- Four photos of the couple together during their marriage
- Marriage certificate and card
- Memorandum of understanding
- Evidence of separation for at least one year
These documents support the petition and facilitate a smooth divorce process
The Family Court Judge approves the first motion for divorce and may take steps to try to reconcile the couple, if possible, before moving forward with the divorce proceedings. The first motion will be over once the collective declaration and affirmation. Until the second motion, there will be 6 months of moratorium. Before 18 months, the second motion must be filed.
After proceeding with the final judgement, including the appearance and mutual consent, If the court declares that the issued petition is honest and the marriage can be dissolved, then the settlements are carried out like alimony, child custody, property, joint investments, etc.
India’s divorce process, modelled after the Hindu Marriage Act of 1955, involves two motions. After a year of separation, a first motion is filed, followed by a six-month cooling-off period. If reconciliation fails, a joint second motion is filed, leading to a final divorce decree, applicable to all marriages.
