Documents Required for Divorce With Mutual Consent

Last Updated at: May 22, 2020
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Documents Required for Divorce With Mutual Consent

A divorce by mutual consent is one that is filed amicably by both the husband and wife, without opposition from either. Therefore, such a petition is filed by both parties. It is a demanding procedure, both mentally and physically, but much less complicated than the long-drawn litigation that follows when there is no consent from one of the parties. To file such a petition, however, the two should have been separated for at least one year.

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There are different divorce laws for different religions.  The following are the conditions under the Hindu Marriage Act, Section 13B

(i) Husband and wife must be living separately for a year or more.

(ii) They are no longer willing to live together

(iii) Both spouses must mutually agree to separate. They need to agree that their marriage is collapsed for good and they accept its dissolution. 

According to the Indian Legal system, a divorce procedure commences only after the divorce petition filing.

Documents required for filing a mutual divorce petition

Therefore, a couple cannot simply decide on one day while living together to file a petition for divorce. To file the petition, the following documents are necessary:

  1.  Address proof of both spouses;
  2. Marriage certificate;
  3. 4 Passport-size photographs;
  4. Evidence proving separation for over a year;
  5. Evidence proving failed reconciliation attempts;
  6. Details of work, current monthly/yearly earnings of both spouses;
  7. Income tax returns;
  8. Family background details
  9. Details of assets owned by husband and wife, both jointly and individually.

Under the Hindu Marriage Act, both spouses are legally eligible for claiming permanent alimony and maintenance. Whereas, under the Special Marriage Act,1954, the husband is not entitled to claim alimony but the wife does. Even while applying for a mutual consent divorce, the spouses can draft an agreement on topics like alimony, child custody etc. It is not necessary but is recommended to avoid any future confusions. Whereas in a non-mutual consent divorce, the court decides after analysing the merits of each side. The following are the information to be provided to the court for alimony-centred decisions.

  • Recipient’s Name and Other Details
  • Details regarding the duration of the marriage
  • Information on the health of spouse
  • Details of the governing matrimonial law
  • Decisions made on child custody (if applicable)
  • Information on the financial state of both spouses.

Duration of a mutual consent divorce case

The court takes a minimum of 6 months to settle mutual consent divorce cases. There is also a six-month time gap between the passing of first and the second motion.

The court has the authority to waive off the cooling period if deemed fit for the case. Hence the court takes 18-24 months to close a mutual consent divorce case.

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Documents Required for Divorce With Mutual Consent

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A divorce by mutual consent is one that is filed amicably by both the husband and wife, without opposition from either. Therefore, such a petition is filed by both parties. It is a demanding procedure, both mentally and physically, but much less complicated than the long-drawn litigation that follows when there is no consent from one of the parties. To file such a petition, however, the two should have been separated for at least one year.

Get FREE legal advice now

There are different divorce laws for different religions.  The following are the conditions under the Hindu Marriage Act, Section 13B

(i) Husband and wife must be living separately for a year or more.

(ii) They are no longer willing to live together

(iii) Both spouses must mutually agree to separate. They need to agree that their marriage is collapsed for good and they accept its dissolution. 

According to the Indian Legal system, a divorce procedure commences only after the divorce petition filing.

Documents required for filing a mutual divorce petition

Therefore, a couple cannot simply decide on one day while living together to file a petition for divorce. To file the petition, the following documents are necessary:

  1.  Address proof of both spouses;
  2. Marriage certificate;
  3. 4 Passport-size photographs;
  4. Evidence proving separation for over a year;
  5. Evidence proving failed reconciliation attempts;
  6. Details of work, current monthly/yearly earnings of both spouses;
  7. Income tax returns;
  8. Family background details
  9. Details of assets owned by husband and wife, both jointly and individually.

Under the Hindu Marriage Act, both spouses are legally eligible for claiming permanent alimony and maintenance. Whereas, under the Special Marriage Act,1954, the husband is not entitled to claim alimony but the wife does. Even while applying for a mutual consent divorce, the spouses can draft an agreement on topics like alimony, child custody etc. It is not necessary but is recommended to avoid any future confusions. Whereas in a non-mutual consent divorce, the court decides after analysing the merits of each side. The following are the information to be provided to the court for alimony-centred decisions.

  • Recipient’s Name and Other Details
  • Details regarding the duration of the marriage
  • Information on the health of spouse
  • Details of the governing matrimonial law
  • Decisions made on child custody (if applicable)
  • Information on the financial state of both spouses.

Duration of a mutual consent divorce case

The court takes a minimum of 6 months to settle mutual consent divorce cases. There is also a six-month time gap between the passing of first and the second motion.

The court has the authority to waive off the cooling period if deemed fit for the case. Hence the court takes 18-24 months to close a mutual consent divorce case.

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