Divorce by Mutual Consent is the simplest and easiest way of dissolving marriage.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.

Procedure to file Mutual Consent Divorce

  1. 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.

  1. 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.

  1. 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..

  1. 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.

  1. 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.

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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.