Mutual Consent Divorce in India
Divorces are tough! But so are marriages that take a toll on your physical as well as mental well-being, Mutual Consent Divorce in India is no more a taboo, and people are gradually accepting the cruel realities of their relationships, and are taking decisions so as to get into healthier relationships.
- Section 13B of the HMA Act 1955 provides that the mutual consent period of separation is one year
- Section 10A of the Divorce Act 1869 provides divorce by mutual consent where the period of separation is 2 years
- Section 28 of the Special Marriage Act 1954 provides for divorce by mutual consent.
As per the Hindu Marriage Act 1955, section 13B states that there must be following conditions for mutual consent divorce:
- Husband and wife are not able to live together anymore
- They have been living separately for a period of one year or more than one year
- Both of them have mutually agreed that the marriage has completely destroyed and hence it needs to be ended.
In India, separation if contested by the other party can be achieved only by evidence of unkindness (physical as well as mental), abandonment (unjustified separation of 2 years), infidelity (sexual intercourse outside wedlock), insanity etc.
Role of our Mutual Consent Divorce Lawyer
While filing for divorce, one must seek help from experts like Mutual Consent Divorce Lawyer who will help the respective individual in the entire process. At the same time he will also inform you that following are the requirements while the process of divorce is going on:
- Firstly, a joint agreement is signed by both the parties
- Next, the first motion statement of both of them is recorded and in the presence of hon’ble court it is signed on paper
- Then, the court gives them a period of 6 months as a chance to change their mind
- After that, if they don’t agree even after those 6 months then they are called for second hearing, which is the final one.
At Law office of G.S. Bagga and Associates, all the required documents pertaining to the marital assets, matters related to the children as well as any other issues of significance are gathered by our experienced mutual consent divorce lawyers.
The mutual consent divorce lawyer files the divorce petition with the court as well as the similar is served up with the respondent, the other party. During the mutual consent divorce process, the legal representative at G.S. Bagga and Associates files a discovery motion to gather the evidences from your spouse. The Discovery motions comprise all the required information of your spouse in respect of the tax returns, the credit card bills, the property documents, the earning statements. These types of documents help in calculating the amount of spousal support as well as the child support that you may contest for after getting the divorce decree. It also assists the attorney for claiming the division of the assets as well as the debts, if any, of your spouse
Ask your question related to mutual consent divorce to our Mutual Consent Divorce Lawyer
If you have further questions related to mutual consent divorce feel free to contact our mutual consent divorce lawyers in Delhi. Anyone can contact us by dialing +91-9213782334 or just contact us to get answer for your queries.