• Remarriage after mutual consent divorce

We had applied for divorce in February 2017, and it is going to complete by August 2017. Ours is a mutual consent divorce, with no kids or other disputes. We both are Hindu.

Could you please advice me on the following:

1. Can I go for a remarriage immediately after divorce?

2. Or is there any waiting period (like 30 or 90 days)? Ours is a mutual consent divorce, and we have been living separately since last 4 years. Do I need to wait for some days before getting married again? I had heard about some appeal period. Does it apply for mutual consent divorce too?

3. If answer to above question is YES, then can I get engaged with my new partner during the waiting period? Is engagement allowed and legal during this period?

Thank You!
Asked 6 years ago in Family Law
Religion: Hindu

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8 Answers

1) you have to wait for 3 months then remarry

2) the reason being any of the parties can file an appeal within period of 90 days of date of receipt of order dissolving the marriage

3) you can get engaged to your fiancee during the period

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

There is no provision of appeal in divorce by mutual consent, so you can marry immediately after your marriage is decreed.

Enagagement is no ceremony prescribed in law, but I would suggest tou to wait till you get divorced.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

1. You can solemnized your marriage immediately after the decree of divorce.

2. Engagement ceremony can be performed there is legal restriction on that

3. There is no need to wait 30-90 days, this time is for contested divorce proceedings and not in mutual.

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

if divorce decree has been passed by the court, parties to the marriage can solemnize second marriage immediately after passing of decree. according to CPC if decree has been passed by the consent of parties then no appeal shall lie against that decree, hence no need to wait for 30 days (usual limit to file appeal)

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

Hi, There is no need to wait for appeal period, in the mutual consent divorce there is no appeal arise. But at the best interest, you have to wait some time and go ahead with further. In the strict sense of law you need not wait for appeal period.

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
335 Consultations

4.5 on 5.0

Since, this is a mutual consent divorce, there is no question that your ex-husband will move in appeal. Hence, there is no hard and fast rule for waiting for a specific period before you can remarry after pronouncement of decree of divorce as is otherwise applicable in cases of contested divorce. In any case, you are just getting engaged and not tying knots finally. Thus, you need not worry at all. Go ahead and start your married life afresh.

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

1.. Even though the divorce decree is based on mutual consent, do not remarry till the appeal period is over.

2. Appeal period exists in the case of mutual consent divorce also and you can marry after the appeal period of 60 days to rule out the possibility of spouse filing an appeal that his/her signature was obtained by coercision.

3. Anyway you were separately living for 4 years and why rush to an engagement during the appeal period. Better to wait till the expiry of appeal period before you commit by engaging to a fiancee in the appeal period itself.

Shashidhar S. Sastry
Advocate, Bangalore
5068 Answers
314 Consultations

5.0 on 5.0

1. Since the mutual consent divorce cannot appealed before the appellate court you can go for remarriage after obtaining the copy of the mutual consent decree.

2. Read the above answer for this too.

3. Marriage engagement is not a marriage hence there is no legal embargo or infirmity in getting engaged during the 6 months waiting/cooling off period, however it may be avoided for lot of practical reasons.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

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