Mutual Consent Divorce in India: Timeline, Documents and the Cooling-Off Period
When both spouses agree, the process is faster and more dignified. Here is how the mutual-consent route actually works.
Mutual consent divorce is the least adversarial way to end a marriage in India. It requires both parties to agree on the divorce itself and on ancillary issues like maintenance, custody and division of assets.
Two motions
The process involves two motions. After the first motion, courts typically observe a six-month cooling-off period, though the Supreme Court has held that this can be waived in appropriate cases.
What to prepare
- Proof of marriage and address
- A written settlement on maintenance, custody and assets
- Photographs and identity documents of both spouses
A mediator can help couples reach terms amicably before filing, which makes the court process much smoother.
This article is for general information only and is not legal advice. Laws change and every situation is different - consult an advocate about your specific circumstances.
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Discussion (1)
Very balanced and respectful article. Thank you for writing this.