A mutual-consent divorce is one where both spouses agree to end the marriage and on the broad terms of separation. It is often a less contentious route than a contested divorce, though it still follows a defined legal process.
What mutual consent means
Both spouses must genuinely agree to the divorce and to matters such as maintenance, custody of children if any, and division of property. The agreement on these terms is central to this route.
The broad stages
- Filing a joint petition stating the agreement to separate
- A first motion and recording of statements
- A statutory period for reflection, where applicable
- A second motion confirming the decision
- Decree of divorce if the court is satisfied
Terms to settle in advance
Agreeing in advance on maintenance, custody, and the division of assets helps the process proceed smoothly. Where these terms are clear and genuinely consented to, the matter tends to be more straightforward.
This guide is general information and not legal advice. Family matters are sensitive and depend heavily on individual circumstances.
This guide provides general information about the law in India and is not legal advice. For advice on your specific situation, please consult a qualified advocate.