Mutual consent
Both agree to end the marriage and settle alimony, custody and property together. Usually faster, cheaper and less stressful.
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When both of you agree to part, the law gives a faster and quieter route than a contested case. We prepare the petition, the settlement terms and the court appearances, and we run the case for couples living in India or in two different countries.
Ending a marriage is one of the hardest decisions a person makes. If you and your spouse have both decided to part, a mutual consent divorce lets you do it with dignity, without blame and without years of court fights. It is usually faster, less expensive and far less stressful than a contested case, and it leaves room to stay civil, which matters most when children are involved.
For Indians abroad, it is often the best option. When one spouse lives in the USA, Canada, the UK or the Gulf and the other lives in India, a joint petition can be handled with fewer court dates and far less travel than a contested case.
A mutual consent divorce is filed jointly by both spouses. A contested divorce is filed by one spouse against the other, on specific grounds.
Both agree to end the marriage and settle alimony, custody and property together. Usually faster, cheaper and less stressful.
One spouse files and must prove grounds such as cruelty or desertion. It involves evidence, cross-examination and often several years.
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Under Section 13B of the Hindu Marriage Act, 1955, the court needs to be satisfied that:
Couples married under the Special Marriage Act, Christian or Parsi law have similar provisions under their own Acts. We confirm which law applies to you.
Two court stages, with a waiting period between them.
We draft a written agreement on alimony, custody, visitation and property that both of you sign.
A joint petition is filed in the Family Court. Both spouses appear and their statements are recorded.
The law provides a six-month period to reconsider. In suitable cases the court waives it and we apply for the waiver, so a mutual divorce can be completed in about 30 days. The exact time depends on the court and on how ready your documents and settlement are.
Both spouses appear again, repeat their consent, and the court grants the divorce decree.
The law does not stop you from filing a joint petition because you live in different countries. The practical questions are how you sign, how you appear and how the settlement works across borders. Our approach is:
Immigration or tax effects of a divorce in your country of residence are for your local immigration or tax advisor. We are happy to coordinate with them so that the Indian decree meets their needs.
We will confirm the exact list after your first call.
A mutual consent divorce can be completed in about 30 days when the court waives the six-month gap between the first and second motion, which is common when the settlement is complete. Total time depends on the court schedule. In special cases, a petition can be filed before one year of marriage, with special circumstances, under Section 14 of the Hindu Marriage Act.
Yes, both spouses normally appear for the first and second motion. In special cases the court may allow an appearance by video conference or through a power of attorney.
Yes. A joint petition is possible with documents signed and attested abroad, and the court may permit video appearance. We explain the options for your case.
Yes. Consent must continue until the decree is passed. If one spouse withdraws it, the petition cannot proceed as a mutual consent case.
These are settled between you and written into the agreement. The court checks that the terms are fair and made willingly.
The one-year separation is a requirement under Section 13B. If you have not completed it, we will advise what options are available.
In the Family Court that has jurisdiction, for example where you were married, last lived together, or where either spouse now lives. We confirm this for your case.
Send your details, country and time zone and we will call you back to explain the steps. For wider NRI matters, see our NRI divorce lawyer page.
Call, message on WhatsApp or send the enquiry form. We will get back to you.