Mutual Consent Divorce Lawyer in Delhi : Divorce by Mutual Consent or Mutual Divorce is when both husband and wife mutually agree that they cannot live together anymore and that the best solution being Divorce, they would present a Mutual Divorce petition jointly before the Family Court without putting forth any allegations against each other
Mutual divorce is the fastest way of being granted a divorce in India as other options linger on for too long process. Mutual divorce took place in two motions namely first motion and second motion.
Second motion usually took place after 6 months of the first motion. However, this 6 month period is waived off by the court under certain circumstances.
Filing a Joint First Motion Petition: The first step is the filing of a joint petition in the respective family court.
The divorce petition contains a joint statement/MOU by both the partners, that due to their irreconcilable differences, they can no longer stay together and should be granted a divorce.
This Memorandum of Understanding (MOU) has the agreement to split the assets, custody of children etc.
Appearance of Both Parties in Court: The second step of the procedure is the appearance of both the parties to the divorce in the family court after the petition has been filed.
Recording of statement and passing of the order on First Motion: After the statements of the parties have been recorded on oath, an order on the first motion is passed by the court.
After this, a 6 month period is given is given to the parties, after which the parties are required to file the second motion..
Appearing for Second Motion: After 6 months of the first motion or by the end of the reconciliation period, if both parties still don’t agree to come together, then the parties may appear for the second motion for the final hearing.
This also involves the parties appearing and recording of statements before the court.
In a recent judgement, the Supreme Court has categorically stated that the six months period is not mandatory and can be waived off depending upon the discretion of the court.
Decision of the Court: Upon the basis of the statements as recorded by the parties and upon the basis of the particular facts and circumstances of the cases, the court gives the appropriate orders and dissolves the marriage.
The court then passes the decree of divorce and now the divorce becomes final.
Our team of best divorce lawyers have experienced and knowledge over the subject matter of mutual consent divorce. They provide best results to our clients.
They are skillful and specialist of mutual divorce who handled the cases with lot of responsibilities and dedication.
We are just one click away from your reach. You can call us for any kind of legal advice related to divorce matters.
Mutual divorce is a divorce where both parties can come to an agreement through which they can be separated.
The divorce by mutual consent is a process through which both parties mutually agrees that they want to separate without being putting allegation on each other. This process is time saving and most litigant prefer this divorce.
In mutual consent divorce, there are two motions. First motion and second motion. First motion can be filed immediately after that court gives permission for divorce.
After six months second motion is filed. However, Supreme Court given relaxation where separation between spouses is around is 18 months.
Our wide range of legal expertise is a guarantee that we can provide dedicated and professional services to our client in all areas of their business, work and personal life.
Our lawyers are renowned in their field and our legal practice areas are highly ranked by the legal directory.
We take up all kinds of matters. Most of them are complex and involve number of parties.
This makes our job difficult and more intricate that our professional lawyers make it very simple and make the whole legal proceeding very systematic.