It is painful and demanding to go through a divorce but in this case when both husband and wife have full agreement on going separate ways, then it’s easy. In India, mutual divorce exists under section 13B of the Hindu marriage act 1955, section 21 and section 28 of the special marriage act, 1954 and other laws according to the religious beliefs of the parties. Reciprocated divorce is a chance to avoid a number of legal complications in the marriage, and does not have to involve long-standing legal proceedings and hearsay. However, mutual divorce does not contain anger and hatreds but it also depends upon some legal formalities and conditions. Procedures, conditions and legalities of mutual divorce agreement have been provided in the following area:
1. Understanding Mutual Divorce in India
A mutual divorce agreement means that both spouses agree to terminate their marriage by mutual consent. In contrast with a contested divorce, where one party opposes the divorce, a mutual divorce is a procedure in which both parties request the legal termination of the marriage and wish to do so peacefully. This type of divorce is known to take less time and is also relatively cheaper compared to a contested divorce.
The above laws apply to Hindus, Buddhists, Jains, and Sikhs. For couples who are married under the Special Marriage Act, 1954, or for those of different faiths, the provisions of that Act apply.
2. Eligibility for Mutual Divorce
However there are some condition and formalities which each of the spouse need to fulfill if they want the mutual consent divorce to be effective in India. The key eligibility criteria are as follows:
- Completion of One Year of Marriage: It further provides that the plaintiffs must have lived as husband and wife for not less than one year before they can be allowed to be separated on the basis of a joint divorce. This requirement helps to ensure that the couple has spent sufficient time to get to know each other or to jointly consider any option other than divorce.
- Mutual Consent: The divorce should be an isolated mutual divorce; in other words, it is to be filed by both parties simultaneously. Scholars refer to this as one of the main merits of mutual divorce rights. Therefore, if one of the parties does not agree to divorce, a mutual divorce cannot be affected.
- Irretrievable Breakdown of Marriage: The couple has to prove that their marriage has dissolved irretrievably, in order to qualify for a divorce. This we mean to convey that the marriage relationship has deteriorated and cannot be restored any more. Therefore to be granted a decree of divorce either of the party must prove that he or she cannot continue to live with the other as husband or wife.
- No Restraints on Filing: When seeking a mutual divorce neither party should be involved in any criminal case or legal proceedings such as bigamy, domestic violence or adultery at the time of filing the mutual divorce petition.
3. The Legal Process of Mutual Divorce in India
Once the eligibility criteria are met, the mutual divorce process proceeds in the following steps:
- Filing the Petition: The first method is to present a joint application for a divorce to the family court. The petition should state that both the petitioning party and the respondent wants the marriage to be terminated, following the breakdown of marriage, for reasons which cannot be resolved. This is the beginning of preparing the mutual divorce agreement.
- Court Appearance: When a petition has been filed, later the court will fix some date for a hearing of the issue that is troubling the two parties. Both the parties are required to be present in the hearing and express their willingness to proceed with the process .The court will then analyse the terms of mutual divorce agreement whether to allow or disallow those conditions.
- Cooling-off Period: According to Section 13B of the Hindu Marriage Act there is period of six months is given in order to withdraw the proceedings of divorce. However, the court may dispense with this period the court if it is convinced that there is no possibility of the two parties resolving their issues.
- Second Motion: In family law, the couple is given some time to probably rethink their decision of the divorce as required by law before the judge grants it, this incubation period may take between sixty and ninety days; at the end of this period, both parties have to attend court and both have to declare their intention for the divorce afresh. In the case of Mutual consent, the divorce decree is obtained and is given by the court.
- Decree of Divorce: After the court concludes that the terms of mutual divorce agreement coincide with the intention of both parties, it will pass the final judgment of the divorce.
4. Important Aspects to Consider
While mutual divorce is often seen as a simpler process, there are several important aspects that both parties need to address before initiating the process:
- Alimony and Maintenance: The couple must agree on whether alimony or maintenance will be paid. Alimony can be a lump sum or periodic, depending on the financial circumstances of both parties. One of the mutual divorce rights includes the right to financial support, and the couple must reach an agreement on this.
- Child Custody and Visitation Rights: If the couple has children, one of the key issues to address is child custody. The court will consider the best interests of the child while determining custody arrangements. Typically, custody can be joint or sole, depending on the circumstances.
- Division of Property: Another crucial aspect of mutual divorce is the division of property and assets. Both parties must mutually agree on how to divide their shared assets, such as real estate, vehicles, and financial assets. If an agreement cannot be reached, the court will step in to make a ruling.
5. Legal Fees and Costs
The cost of mutual divorce can vary depending on the lawyer hired, the complexity of the case, and the region in which the divorce is filed. However, as mutual divorce is not contentious, the overall costs are usually lower than those of a contested divorce.
How Lawchef Can Assist in Mutual Divorce in India
If you are seeking a mutual divorce and need legal assistance, Lawchef is the ideal place to turn. We offer professional services to make the process as simple as possible. Our experienced mutual divorce lawyers help clients navigate the entire process, from filing the joint petition for mutual divorce to obtaining the divorce decree.
At Lawchef, we ensure that both parties are fully informed of their mutual divorce rights. We assist in drafting a clear mutual divorce agreement that covers important aspects like alimony, child custody, and property division. Our mutual divorce lawyers work to resolve sensitive issues and facilitate an amicable separation while protecting your legal rights.
Our team of mutual divorce lawyers makes sure that the mutual divorce agreement is in compliance with the legal requirements of the court, preventing any hitches or delays. We will guide you through the entire process, ensuring that all aspects of the divorce are handled with care and professionalism.
Conclusion
Mutual divorce in India is a relatively faster and less contentious way to dissolve a marriage. By ensuring that both parties fulfil the necessary legal formalities, the process can be completed smoothly. Addressing important aspects such as alimony, child custody, and property division through a mutual divorce agreement allows couples to separate peacefully. Seeking the guidance of a skilled mutual divorce lawyer can help both parties make informed decisions, ensuring that their mutual divorce rights are protected and the process remains hassle-free.
For those seeking professional legal advice, Lawchef offers expert services to help you navigate the mutual divorce process efficiently and with minimal stress.
