What is Divorce by mutual Consent?
When both partners are in mutual agreement to part ways and end their marriage, a joint petition for divorce by mutual consent is filed in Family Court. This joint petition also provides for agreement between partners on maintenance and child custody rights.
As per the Hindu Marriage Act, is about the husband providing financial support for his wife’s living expenses. Generally, it’s not just the wife but the children and her parents are equally entitled to receiving financial aid from the father/husband/son-in-law.
Why should you get it done?
- How can you file an application for maintenance? This can be done by submitting your marriage certificate along with the photos of your marriage as evidence. By following these essential requirements you can file a case under Section 125 CRPC before the family court or judicial magistrate nearest to your residence.
- Where can you file an application for maintenance? An application for maintenance under Section 125 CRPC can be filed before a Judicial Magistrate of First Class in the district where the husband or the wife resides or where they used to reside.
- When can you file an application for maintenance? After getting a divorce or during the divorce process, an application for maintenance or file for divorce can be filed.
Key documents for your property to be verified?
some of the key documents you should have:
- Marriage Certificate
- Address proof of you and your partner (photocopy of any of the following documents will suffice: passport, voter id card, Aadhar card, driving license)
- Photographs of the marriage ceremony
- Proof that both partners have been living separately since a period of one year (for e.g. - delivery receipts of products, utility bills – gas, water, electricity, etc.)
- Proof that all attempts to reconcile have failed. (for e.g. – invoice/ bill of a marriage counseling session, the copy of correspondences – email, letter, etc.)
- Income tax statements of both partners for the last 3 years.
- Proof of date of birth (photocopy of any of the following documents will suffice: passport, voter id card, Aadhar card, driving license, class 10 passing certificate)
- DRAFTING OF JOINT PETITION AND APPROVAL - The lawyer will draft and share a petition for your review and approval. This petition will include agreement on division of assets, custody of children and maintenance amount.
- DISPATCH OF DOCUMENTS - You will be required to send the signed copy of the petition along with the required documents to us.
- FILING DIVORCE PETITION - Upon receipt of documents, the joint petition will be filed at the appropriate Family Court.
- APPEARANCE OF PARTIES - You and your partner along with the lawyer will appear before the Family Court.
- RECONCILIATION PERIOD - The Court will give you a period of 6 months to re-think the decision of obtaining divorce. Court may reduce this period to even one month, if deemed fit.
- APPEARANCE OF PARTIES IN COURT AFTER 6 MONTHSAfter the reconciliation period, you and your partner along with the lawyer will appear in court and file a written submission that you would like to finalize the divorce.
- GRANT OF DIVORCE - Upon satisfaction of the judge that all requirements of divorce are met, a mutual consent divorce decree would be granted.