Hello, I got married on 12th December,2019. Me and my husband have mutually decided on taking up an out of court divorce. My first question is would it be possible to file a divorce before 12th December,2020? In either case my second question is what is the procedure for mutual out of court divorce settlement with marriage counselling option taken for the divorce settlement tenure? Would this process be possible without hiring a lawyer?
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- Under section 13, the Hindu Marriage Act, allows for a divorce by Mutual consent.
- A couple can be granted a divorce if, they end the marriage by presenting a joint petition stating that they have been living separately for at least one year and have mutually agreed to dissolve the marriage.
- Hence for getting an order for Mutual Divorce, one separation is mandatory, except some specif reasons.
No with or without mutual divorce you have to hire a lawyer.
You can file divorce anytime and settled the matter with or without conditions.
You cnanot file for divorce before 12 th December 2020
2) it is necessary both parties should stay separate for one year for filing of divorce by mutual consent
3) advisable to engage local lawyer for filing for divorce by mutual consent
4) it takes around 6 months
You have to wait till 12th December 2020.No chance before 12th December.
Mutual consent for divorce moves faster than contested one.
Minimum time 6 months which may get extended to 9 to 12 months due various administrative reasons of Court,Judge,staff,clerks and department of family Court.
Lawyer makes good efforts to get the case disposed off on merits as per provisions of law otherwise duration for divorce case disposals may take infinite time due to staff and other reasons in Court.
It is better to appoint lawyer to fight divorce case for quick disposals on merits.
You cannot file a divorce case within one year from the date of marriage.
For mutual consent divorce you both should have lived separately away from each other for a period of more than a year.
Out of court divorce is not legally valid.
The divorce decree passed by court of law only can be recognized as legally valid divorce.
1. There can not be any legal divorce without the decree of divorce passed by the Civil Court. Both of you shall have to jointly file a mutual consent divorce petition before the Court on agreed terms, after completion of one eratb of marriage, which will be disposed of within 6 & 1/2 months from the date of its filing.
2. There can not be any out of the Court divorce settlement mutually arrived by both of you. You shall have to avail the decree of divorce from the Court and in case of MCD, no counselling is required since 6 months of mandatory cooling period is provided here.
There is no chance of filing divorce case before completion of 1 year of marriage. In any case you need to wait till the completion of one year of marriage.
You do not need any lawyer to settle the matter, as it would be a settlement agreement, which does not confirm your divorce. Terms and conditions which would be mentioned in settlement agreement are to settle the matter/ dispute between you and your partner regarding anything including istridhan, alimony, maintenance or any other point if you want to add.
For settlement agreement you do not need any advocate, but you need to consult with advocate for the provisions mentioned in settlement agreement, so that you won't loose any right.
Get this settlement agreement on stamp paper, signed it with witnesses. Keep it with you, and use it for mutual divorce.
For Mutual divorce after completion of one year you need to file first motion to the nearest Family court with the help of your advocate. in that motion you need to attach that settlement agreement so avoid any conflict.
Divorce decree can not be grant by any other Judge but Civil Judge/Principal Judge.
Divorce by Mutual Consent is as the name suggests is when both parties ie; husband and wife comes to a mutual understanding that the marriage be dissolved amicably. It is clear that one of the parties may withdraw their consent at any time before the passing of the decree. The most important requirement for a grant of divorce by mutual consent is free consent of both the parties. In other words, unless there is a complete agreement between husband and wife for the dissolution of the marriage and unless the court is completely satisfied, it cannot grant a decree for divorce by mutual consent.
The Conditions required under section 13B of the Hindu Marriage Act are as follows:
(i) Husband and wife have been living separately for a period of one year or more,
(ii) That they are unable to live together,
(iii) And that both husband and wife have mutually agreed that the marriage has totally collapsed, hence marriage should be dissolved.
It is difficult get a mutual divorce decree with out an assistance of a lawyer The procedure and paper works are clearly known to a lawyer
Yes it's possible but it's better you hire a lawyer. It's possible without lawyer but you may face lot of legal hassles.
- The mutual divorce has to be filled with help of lawyer and you shall have to hire the legal practitioner to advise on earliest solution.
- Indian courts have started taking such matters provided given urgency of matter.
- Out if court settlement is personal view and may recorded in divorce settlement as official document for future reference.
- For any further assistance please feel free to connect
Regards
Vivek Arya
You will have to wait atleast six months in order to apply for divorce in the family court. However, section 14 of HMA provides that no divorce petition should be filed before completion of one year after marriage was solemnized except when the condition is such that it is impossible for the husband and wife to live together then the petition can be filed before the completion of one year after marriage.
You will have to go through the cooling period of 6 months as mandated under the Indian Laws. Unless the cooling period is observed there will not be any rights of either party in the future. Also, there is no concept of an out of court divorce which is legal in India.