Divorce is indeed one of the hardest decisions of life. It brings emotional turmoil, major life changes, and legal proceedings. However, when both spouses come to an agreement that their marriage cannot be worked upon and mutually decide to part ways, mutual divorce becomes the most peaceful and time-efficient option. Mutual divorce is governed by various personal laws in India. The proceedings are generally less complicated and time-consuming than a contested divorce.
This blog will provide all the general details through the step-by-step procedure of mutual divorce in India, the legal requirements, documents required, cost, time duration, and more.
Disclaimer: The purpose of this blog is to provide informational content. Legal advice should always be sought from a licensed professional in your jurisdiction.
• What is mutual divorce?
When both husband and wife jointly agree to dissolve their marriage, it is known as a mutual divorce. In this case, a petition is filed together. It is aimed that both parties consent to the abolishment of marriage and are interested in resolving issues like alimony, child custody, and property division amicably.
In India, mutual divorce is recognized under:
— Section 10A of the Indian Divorce Act, 1869 (for Christians)
— Section 28 of the Special Marriage Act, 1954
— Section 13B of the Hindu Marriage Act, 1955
— Muslim personal laws (though the procedure may differ slightly)
• Conditions for Mutual Divorce in India
To file for mutual divorce and smooth proceedings, the following conditions should be fulfilled:
1. Both parties must agree that the marriage is irreformable and there is no scope for recovery.
2. Both parties must mutually agree to the divorce.
3. Marriage must be at least one year old to file the petition.
4. Important settlements like alimony, child custody, and property distribution must be resolved and agreed upon beforehand.
• Documents Required for Mutual Divorce
Here is a list of documents typically required:
Marriage Certificate, Passport-size photographs of both parties, Address proof of both husband and wife, pay slips, income tax returns, A joint agreement on child custody, maintenance, alimony (if applicable), Details of assets and property (if relevant), Proof of living separately for a year (can include rent agreements, utility bills, etc.)
• Step-by-Step Procedure for Mutual Divorce
For convenience, let’s discuss it in five steps —
Step 1: Filing the Petition
A joint petition should be filed by both parties in the family court. The petition should state that:
1. They have not been able to live together
2. They have been living separately for more than a year.
3. They have mutually assented to divorce
This petition must be signed by both spouses and their respective lawyers.
Step 2: First Motion Hearing
After the petition is filed, the court sets a date for a hearing. During the hearing, usual happenings are:
1. The examination of the petition
2. Recording the statements of both parties
3. Might be asked for reconciliation or to enquire about the decision.
If the court is satisfied, an order for the first motion will be passed and give a 6-month cooling-off period.
Step 3: Cooling-Off Period
This period of 6 months is mandatory, as it allows the couple to reconsider their decision. During this time, either party can withdraw their consent. However, in some cases, courts waive this period if:
— The separation is longer than 18 months
—There are no chances of reconciliation
— The matter is urgent, or both parties strongly agree
Step 4: Second Motion Petition
After 6 months (and within 18 months from the first motion), both parties must again appear in court for the second motion. The court will:
— Re-evaluate the case
— Ensure all agreements (custody, alimony, etc.) are just
— Confirm that the consent is still mutual and voluntary.
Step 5: Final Decree of Divorce
If the court is completely satisfied, it officially ends the marriage by passing a decree of divorce.
• Time Frame for Mutual Divorce
From the date of the first motion, the usual timeline for mutual divorce –
Maximum Duration: 18 months
Minimum Duration: 6 months (if the cooling-off period is not waived)
If the cooling-off period is waived, the entire process can conclude in 2–3 months.
Legal Fees and Cost of Mutual Divorce
The cost of a mutual divorce differs by state, city, and lawyer. It typically includes:
1. Lawyer’s fees (₹10,000 to ₹1,00,000 depending on complexity and experience of lawyers)
2. Court filing charges (Usually minimal)
3. Miscellaneous expenses (notarization, documentation, etc.).
In total, it can range between ₹15,000 to ₹200000 depending on location and agreement terms.
• Matters to Settle Before Filing
Before filing the petition, both spouses should mutually decide on:
— Alimony (if any): A one-time settlement or monthly payment as per the convenience
— Child custody: Joint, sole, or visitation rights.
— Division of assets: Property, investments, household goods, etc.
— Debt or loan responsibility: Division of financial liabilities between spouses.
• Benefits of Mutual Divorce
Mutual divorce proceedings are generally faster and smoother than contested divorce, and they happen to be less expensive and respectful, without (or less) public drama and, most importantly, minimal court involvement. As the decisions are mutual and thoughtfully made, the extent of emotional trauma is likely to be less than that of a contested divorce.
• Challenges in Mutual Divorce
Concentration is a key factor that may prove strenuous in mutual divorce, as it has to be there throughout the process. Further disagreements on settlements and negotiations in the court add to the delayed proceedings. Either party is free to withdraw at any time before the final decree. If the consent is withdrawn by either spouse, then the procedure will come to a halt. The only option at that time will be a contested divorce.
When a marriage goes beyond repair, then the mutual divorce becomes a respectful and practical way to part ways amicably. By approaching the procedure with maturity and complete transparency, both parties can ensure minimal emotional damage, expense, time, and stress. It is always suggested to consult a qualified family lawyer to fully understand the legal nuances specific to your personal situation.
