I have been married for almost 4 years now. My wife and I have decided to go ahead with divorce by mutual consent and do not have any kids and do not have any financial disagreements for post divorce. Can you please suggest what is the process that should be followed? What kind of legal assistance is suggested through out the process?
1. If both of you agree then joint petition for mutual divorce can be filed u/s13B of the Hindu marriage Act.
2. It take six months of time to finally hear the case.
3.Meet a local lawyer who would draft the petition and file the same in local court containing both of your signatures.
4.Do note that if after six months either of you do not appear physically then mutual divorce can not happen.
1) prepare consent terms regarding return of wife streedhan , payment of alimony to wife etc
2) lawyer will draft petition for divorce by mutual consent
3) consent terms havevtu bevenclosed to petition
4) marriage photographs,wedding invitation card have to be annexed
5) if marriage is registered marriage certificate has to be enclosed
6) divorce by mutual consent takes around 6 months
1. Mutual Consent Divorce is the simplest and only hassle free process in India to dissolve a marriage that has strained. It takes 6 months for the process to culminate from the date of filing of the petition if all the documents are in order, but this can also be shortened by the Supreme Court in exceptional cases.
2. A MOU would have to be executed between you and your spouse to record a settlement on all contentious issues such as division of assets, alimony, etc.
3. You may either engage a common lawyer or each spouse may engage his/her separate lawyer.
Both can file a joint petition seeking dissolution of marriage by a decree of divorce through a family court on the grounds of mutual consent.
You do not have to mention any reason for the mutual consent divorce. Just difference of opinion can be the reason to suffice the court.
Thanks for the feedback. I have few follow up questions. 1. What is the requirement to live alone before petition and after petition is filed? 2. Is there any other legal requirement which disallows meeting / speaking to each other during the 6 months after petition is filed? 3. What is the legal division of assets and mainly the definition of stridhan. How should the jewellery which has been gifted to bride and groom be ideally divided as per law? 4. What are the other contents of the consent terms / MOU (other than child, assets and maintenance)? 5. What would be an indicative lawyer fees for filing the petition and getting the decree if a common lawyer is engaged between the husband and wife?
1) you should be staying separate for period of one year before filing of petition for divorce by mutual consent .
2) even if you stay in same household but not as husband and wife you can file petition for divorce by mutual consent
3)you are at liberty to meet each other call each other during the cooling period of 6 months
4) jewellery given to wife by her family and that by husband family constitute wife streedhan . wife is entitled to all such gifts received
5)if there are any pending cases filed consent terms should mention that they would be with drawn
6) legal fees vary depending upon lawyer engaged by you
1. Living alone itself is a reason, you do not have to prove it with evidence that you live separately, let the opposite property oppose it on whatever they rely upon, you can challenge that.
2. There is no bar in each other meeting each other during the cooling off period of sex months after filing the petition.
3. Whatever gifts including jewels given to the bride becomes her stridhan. The question of gifts given to groom do not arise, because it is dispute of returning the bride's jewels and her properties.
4. Depends on the prevailing atmosphere. You can include any other term which may be a cause of concern.
5. Lawyer fee cannot be predicted, it depends on the lawyer who you would engage.
If you are filing Mutual Consent divorce, there will be six months cooling period. There is no ristriction about both interacting with each other. In fact six month cooling period is to cool off difference and to give opportunity to change decision.
Standerd tems are included in settlement agreement. If you have any perticular term to be added, that can be done.
Standard settlement terms include about permanent alimony if any, gift exchange, property division, no claim against each other, etc.
Both of you can engage one advocate.
Fee differs from advocate to advocate, depending on their expertise, experience and other parameters.
