Mutual Divorce FAQ
Welcome to our comprehensive FAQ page on mutual divorce. Here, we address common questions and concerns related to the mutual divorce process, fees, legal aspects, and more. We understand that seeking a divorce involves navigating through various aspects, and we’re here to provide you with clear and concise answers.
Mutual Divorce Laws FAQ
The Christian Marriage Act provides for laws relating to the solemnization of marriage among Christians in India. The Divorce Act provides for divorce among Christians in India.
Section 10A of the Divorce Act, 1869. Dissolution of marriage by mutual consent.
(1) Subject to the provisions of this Act and the rules made thereunder, a petition for dissolution of marriage may be presented to the District Court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Indian Divorce (Amendment) Act, 2001 (51 of 2001), on the ground that they have been living separately for a period of two years or more, that they have not been able to live together and they have mutually agreed that the marriage should be dissolved.
(2) On the motion of both the parties made not earlier than six months after the date of presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn by both the parties in the mean time, the Court shall, on being satisfied, after hearing the parties and making such inquiry, as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree declaring the marriage to be dissolved with effect from the date of decree.
Section 13B. Divorce by mutual consent.
(1) Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976 (68 of 1976), on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.
(2) On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree.
Section 32B. Divorce by mutual consent.
32B. Divorce by mutual consent.—(1) Subject to the provisions of this Act, a suit for divorce may be filed by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Parsi Marriage and Divorce (Amendment) Act, 1988 (5 of 1988), on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved:
Provided that no suit under this sub-section shall be filed unless at the date of the filing of the suit one year has lapsed since the date of the marriage.
(2) The Court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized under this Act and the averments in the plaint are true and that the consent of either party to the suit was not obtained by force or fraud, pass a decree declaring the marriage to be dissolved with effect from the date of the decree.
Section 28. Divorce by mutual consent.
(1) Subject to the provisions of this Act and to the rules made thereunder, a petition for divorce may be presented to the district court by both the parties together on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.
(2) On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the district court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized under this Act, and that the averments in the petition are true, pass a decree declaring the marriage to be dissolved with effect from the date of the decree.
Mutual Divorce Stepwise Process FAQ
The first step in the mutual divorce process is to confirm your decision to pursue a divorce. This is a crucial step because divorce is a significant life decision that can have lasting effects on your life and the lives of those involved. Here’s a more detailed explanation:
- Confirming Your Decision: Before initiating the divorce process, take time to ensure that you are certain about your decision to end your marriage. Divorce is a major life event, and it’s essential to be sure about your choice.
- Seeking Support and Guidance: It’s highly advisable to discuss your decision with trusted individuals such as family members and close friends. They can provide emotional support and different perspectives that may help you make an informed choice.
- Consulting a Marriage Counselor: In some cases, it’s beneficial to consider professional guidance from a marriage counselor. A counselor can help you explore the reasons behind your decision, work through any unresolved issues, and even explore the possibility of reconciliation if that’s something you’re open to.
- Making an Informed Choice: Confirming your decision doesn’t mean you’re committed to divorce immediately. It means you’re taking a responsible approach to this significant life change. After discussions and, if needed, counseling, you’ll be better prepared to decide whether divorce is the right path for you.
In summary, this first step emphasizes the importance of thoughtful consideration, seeking support, and making an informed choice before proceeding with the mutual divorce process.
After confirming your decision, you can move on to Step 1, which involves filling out the Mutual Divorce Application Form. You have the option to choose between filling out our Online form or WhatsApp form.
It is important to emphasize that this form should only be completed when both husband and wife have reached a final decision to divorce each other. By using our streamlined application process, you can take a significant step towards initiating the mutual divorce procedure efficiently and effectively.
To know the Stepwise Process of mutual Divorce in the cities of Delhi, Noida, Mumbai, Gurugram and Bengaluru, click Stepwise Process Mutual Divorce.
The mutual divorce terms and conditions are the agreements reached between the spouses regarding various aspects of their separation, such as Child Custody, maintenance, alimony, property division, and other relevant matters. These terms outline how the couple will manage their post-marital lives and responsibilities.
The divorcing spouses themselves need to decide these terms and conditions through mutual agreement. They negotiate and discuss each aspect, considering their individual needs and circumstances. Legal professionals or mediators may assist in facilitating these discussions and ensuring that the terms are legally sound and fair to both parties. Both spouses need to consent to the terms before they can be finalized and submitted to the court for approval. Once both parties are satisfied with the terms, they are documented in a legally binding agreement and presented to the court as part of the mutual divorce process.
It’s important to note that in a mutual divorce, the court’s involvement is generally limited to approving the terms and conditions that the spouses have agreed upon regarding Child Custody, maintenance, alimony, property division, and other relevant matters. The court’s role is to ensure that the agreed-upon terms are legally sound and in accordance with applicable laws. If the terms are fair and reasonable, the court is likely to approve them. However, if the court finds any terms to be unjust or against legal norms, it might ask for revisions or adjustments. In essence, while the court does review and approve the terms, the actual decision-making process is primarily carried out by the divorcing spouses through negotiation and agreement.
The time period for a mutual divorce case may vary depending on several factors. These factors include the availability of both husband and wife on court working days, their willingness to promptly complete all necessary tasks, and the workload of the particular court.
In general, if both husband and wife efficiently fulfill all formalities and the court processes the waiver of the six-month waiting period immediately after the first motion, completing the entire process can take as little as 1-2 months.
However, if the parties do not file the waiver application for the six-month waiting period, or if they file it but the court does not approve it, then the mutual divorce process can take approximately 6-7 months to finalize.
Furthermore, in the event that either party wishes to wait for more than six months before finalizing the dissolution of their marriage after the first motion hearing, they have the option to postpone the second motion hearing for a maximum period of 18 months from the date of the first hearing.
No, a Mutual Divorce case does not linger on in courts. In mutual divorce, both parties (husband and wife) seek the same relief from the court, which streamlines the process and ensures a quicker resolution. The cases that tend to linger on are those where one party seeks particular relief while the other opposes it, as seen in contested divorce cases. In such contested scenarios, the court may take longer to resolve the issues and reach a final decision. Therefore, mutual divorce cases are generally known for their efficiency and relatively swift conclusion.
When facing a situation where your spouse is not providing maintenance or alimony during a mutual divorce, it’s essential to take a careful and strategic approach. Agreeing to the mutual divorce right away might seem like a quick solution, but it could lead to financial difficulties in the future.
Instead, you should seriously consider your right to claim maintenance or alimony from your spouse. To do this, you will need to initiate a separate legal case focused on securing the financial support you deserve.
By filing a case for maintenance or alimony, you ensure that your rights are acknowledged and addressed through the legal process. This course of action allows the court to thoroughly evaluate your situation and your spouse’s capacity to provide support. Factors such as your financial needs, living expenses, and any other dependent family members will be considered during this evaluation.
Although this process may take some time and could involve some complexities, pursuing a separate case is crucial to safeguard your financial well-being, especially if you are dependent on your spouse’s support. The court’s decision will be based on fairness and equity, aiming to ensure that you receive adequate financial assistance after the divorce.
Remember, consulting with a knowledgeable family law attorney can significantly help you navigate the legal complexities involved in securing maintenance or alimony. They can provide you with guidance, represent your interests in court, and work towards achieving a favorable outcome for you. Taking this approach empowers you to protect your rights and financial stability during and after the divorce process.
If either the husband or wife changes their mind during mutual divorce, the case will get stuck. Without both parties’ agreement, the divorce cannot proceed. In this situation, the spouse seeking divorce has two options: wait for the other spouse to agree or file a contested divorce case.
During a mutual divorce, both spouses need to agree to end the marriage. If one person, whether it’s the husband or wife, no longer wants the divorce, it creates a problem. It’s important to talk openly and honestly during the process to understand each other’s feelings.
If the couple can resolve their differences and agree again, they can continue with the mutual divorce. But if they can’t, they’ll have to go through a contested divorce. This involves a longer legal process, where the court decides on issues like child custody and property division.
If both the husband and wife decide not to pursue the mutual divorce case, they have options to withdraw it gracefully. They can file a withdrawal application or verbally record their statement before the judge. Alternatively, if they prefer not to attend court, they can simply skip their hearing dates, leading to the case being dismissed by default. This allows them to conclude the matter without further legal proceedings.
Mutual Divorce Application Form FAQ
To apply for mutual divorce online in the cities of Delhi, Noida, Mumbai, Gurugram, and Bengaluru, complete our mutual divorce application form. You have the option to choose between filling out our Online form or WhatsApp form.
It is important to emphasize that this form should only be completed when both husband and wife have reached a final decision to divorce each other. By using our streamlined application process, you can take a significant step towards initiating the mutual divorce procedure efficiently and effectively.
In general, a one-year separation is mandatory to file for mutual divorce. However, in exceptional cases with significant marital issues, you can file a mutual divorce case along with an application seeking court approval for divorce before completing one year. If the court accepts your application, the mutual divorce case can be filed sooner.
It’s crucial to understand that ‘living separately’ means not acting as husband and wife. The physical location isn’t decisive; they may reside together due to circumstances but not fulfill marital duties. The key requirement is a lack of desire to perform marital duties and a one-year separation before filing the petition.
The Mutual Divorce Application Form is a convenient and user-friendly online tool we’ve designed to streamline the process of initiating a mutual divorce case in Delhi, Noida, Mumbai, Gurugram, and Bengaluru. It’s a simplified way for you to provide us with the necessary information to get your mutual divorce process started.
We provide two Mutual Divorce Application Forms: Choose between Online form (valid Email Address required) or WhatsApp form (valid WhatsApp no. required).
No, only one spouse (either the husband or wife) needs to fill out the Mutual Divorce Application Form. But it’s essential to talk to your spouse and make sure they agree to the mutual divorce before filling the form. If you fill the form without their agreement, it won’t be valid.
No, you do not need to create an account to use the Mutual Divorce Application Form. We’ve designed it to be hassle-free and time-efficient. You can simply provide the necessary details in the form without the need for account creation.
No, there is no fee required to use the Mutual Divorce Application Form.
Within 24 hours after filling completing the Mutual Divorce Application form (Email form or WhatsApp form), we will send an email to both the husband and wife, outlining the next steps they need to take. Additionally, we will provide them with a stepwise process tailored to their specific case, along with our contact details.
Yes, your information is secure with us. We take your privacy seriously and have implemented security measures to protect the data you provide.
Mutual Divorce Documents FAQ
Documents Required for Mutual divorce: To file a Mutual Divorce case, you will need the ID and address proof of both spouses, as well as proof of marriage. These documents are essential for initiating the legal process.
If you have children, certain courts may require the birth certificates of the children. Furthermore, if both the husband and wife have entered into a mutual agreement prior to filing the case, that agreement is also necessary.
Proof of marriage can vary based on how the marriage was solemnized. It could include documents such as a Marriage Invitation Card, Marriage Photo, or a Marriage Certificate issued by a recognized authority.
No, Marriage Registration is not necessary for filing a Mutual Divorce case.
Yes, you can file for a mutual divorce case without marriage certificate as marriage registration is not necessary for the purpose of filing a case. If you don’t have a Marriage Certificate, you can provide alternative forms of marriage proof such as a Marriage Invitation Card or Marriage Photo.
If you have lost the registered marriage certificate, you can obtain a duplicate certificate from the same registration office.
You can submit a photo from the marriage function where the faces of both the husband and wife are clearly visible.
You can reach out to the same Arya Samaj Mandir to obtain a new certificate.
You can reach out to the same Church to obtain a new certificate.
We take your privacy seriously. Rest assured that the information and documents you provide are kept confidential and secure in accordance with legal and ethical standards.
Mutual Divorce Lawyer Fees FAQ
Mutual Divorce Fees
For Resident Indians:
- The total fees for a mutual divorce case is Rupees 35,000.
- This fee covers both parties (husband and wife) in court and is divided into three installments: ₹5,000 for Mutual Divorce Petition, ₹15,000 for First Motion, and ₹15,000 for Second Motion.
For NRIs:
- The total fees for an NRI mutual divorce case is Rupees 50,000.
- This fee covers both parties (husband and wife) in court and is divided into three installments: ₹10,000 for NRI Mutual Divorce Petition, ₹20,000 for NRI First Motion, and ₹20,000 for NRI Second Motion.
For Resident Indians, the fee of ₹35,000 covers both parties (husband and wife) in court. The same applies to NRIs with a fee of ₹50,000.
The decision of whether it is paid by the husband, the wife, or jointly is left to the parties themselves.
No, we maintain a fixed case fee for everyone and do not negotiate on it.
The fee is higher for NRIs because they do not travel to India for the mutual divorce process, which necessitates additional work.
You should make the payment when you receive a payment request from us, either through WhatsApp or Email.
No, you do not need to make future payments once you’ve initiated the process.
For Resident Indians:
- The initial payment of ₹5,000 is non-refundable.
- If you cancel a hearing scheduled after making the payment of ₹15,000, you can receive a refund of ₹7,500 up to 24 hours before the scheduled appointment time.
- If you do not schedule any hearing after making the payment of ₹15,000, and you request a refund within 30 days of making the payment, you will be eligible for a refund of ₹7,500.
For NRIs:
- The initial payment of ₹10,000 is non-refundable.
- If you cancel a hearing scheduled after making the payment of ₹20,000, you can receive a refund of ₹10,000 up to 24 hours before the scheduled appointment time.
- If you do not schedule any hearing after making the payment of ₹20,000, and you request a refund within 30 days of making the payment, you will be eligible for a refund of ₹10,000.
For more details, refer our Cancellation and Refund Policy.
Yes, for rescheduling a hearing, you will need to make a fresh payment of ₹15,000 for Resident Indians and ₹20,000 for NRIs.
NRI Mutual Divorce FAQ
For an Online Mutual Divorce, an NRI needs to have their Mutual Divorce Petition attested by the Indian High Commission. This petition should include an application requesting an online hearing with the Judge. Below is our step-by-step process for completing NRI documentation for Online Mutual Divorce, should you choose to engage our services:
Step 1: Fill out Mutual Divorce Application Form.
Step 2: Provide the required documents.
Step 3: Make the first payment.
Step 4: Receive the Mutual Divorce Petition via email, along with comprehensive instructions on how to sign the Petition and obtain attestation from the Indian High Commission.
A Special Power of Attorney (SPoA) for NRI Mutual Divorce is a legal document that authorizes a family member (parents or siblings) to act on behalf of the NRI spouse during the mutual divorce process. It is crucial to emphasize here that, in accordance with the Hon’ble Supreme Court of India in Civil Appeal No. 11158 of 2017, genuine representation of the parties is permissible only by close relationship members.
Mutual Divorce Lawyer follows followings steps to appoint Special Power of Attorney (SPoA) for NRI Mutual Divorce:
- Choose the Agent: Select any adult family member to act as the agent (attorney-in-fact) on the NRI spouse’s behalf. It is crucial to appoint someone who understands the responsibilities involved.
- Provide Documents: Share the ID/address proof document for yourself and the agent.
- Finalize the SPoA Draft: Once we get the required information and documents from you, we prepare the SPoA document that clearly defines the powers granted to the appointed agent for handling the NRI Mutual Divorce proceedings. We share the draft with you so that you check and finalize it.
- Execute the SPoA: We email you the clear instructions on how to sign and execute the SPoA before the Indian High Commission.
Yes, an NRI can file for mutual divorce in the country where they are currently residing. The ability to do so depends on the laws and regulations of the country in which the NRI is living. Different countries have varying residency requirements for filing for divorce. Some may require a specific period of residency before allowing a divorce to be filed. NRIs must be aware of and meet these requirements.
NRIs seeking mutual divorce can consult with legal professionals of the country in which they are living. These experts can provide guidance on the specific procedures and requirements relevant to the jurisdiction in which the divorce is being pursued.
Yes, a foreign mutual divorce decree is considered valid in India. India acknowledges foreign mutual divorce decrees that have been legally obtained and comply with the laws of the respective country. The decree must be both final and conclusive in the foreign jurisdiction.
It’s important to understand that a mutual divorce decree is distinct from a contested divorce decree. In mutual divorce, both the husband and wife agree to the divorce and submit to the jurisdiction of a foreign court. This is why such decrees are accepted as valid.
Conversely, if a divorce is contested, it may be challenged and deemed invalid by Indian courts if they find it appropriate to do so.
- The total fees for an NRI mutual divorce case is ₹50,000.
- This fee covers both parties (husband and wife) in court and is divided into three installments:
- ₹10,000 for NRI Mutual Divorce Petition,
- ₹20,000 for NRI First Motion, and
- ₹20,000 for NRI Second Motion.