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 longer a taboo—people are gradually accepting the cruel realities of their relationships and are taking steps toward building healthier lives.

• Section 13B of the Hindu Marriage Act (HMA) 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 two years.
• Section 28 of the Special Marriage Act 1954 provides for divorce by mutual consent.

As per Section 13B of the Hindu Marriage Act, 1955, the following conditions must be met 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.
• Both parties mutually agree that the marriage is irretrievably broken and must end.

In India, contested separation requires proof of certain conditions such as cruelty (physical or mental), desertion (unjustified separation of two years), adultery, insanity, etc.

Role of Our Mutual Consent Divorce Lawyer

While filing for divorce, it is essential to seek help from experienced professionals. A mutual consent divorce lawyer guides the client throughout the legal process and ensures all steps are properly handled. The key stages include:

• Signing of a joint agreement by both parties.
• Recording of the first motion statement in the presence of the Hon’ble court.
• A mandatory six-month cooling-off period is provided for reconsideration.
• If reconciliation does not occur, a final second hearing is scheduled for decree.

At the Law Office of G.S. Bagga and Associates, our mutual consent divorce lawyers handle all necessary documents—covering marital assets, matters related to children, and other legal concerns.

The lawyer files the divorce petition with the court and ensures the respondent (the other party) is properly served. Additionally, the legal team may file a discovery motion to gather evidence from the spouse. These include:

• Tax returns
• Credit card statements
• Property documents
• Income and earning statements

This documentation is essential for calculating spousal and child support, as well as for fair division of assets and liabilities.