How do Lawyers in India Charge for Mutual Consent Divorce?

Last Updated at: Feb 02, 2021
How do Lawyers in India Charge for Mutual Consent Divorce
The Madhya Pradesh High Court has recently held that a notary is not authorized to perform marriage or  grant divorce.  The Court has also called for strict guidelines to be issued to the notaries and oath commissioners for not executing divorce  deed, failing which their license would be terminated.


Over the years, due to social changes, and many other reforms, and Lawyers in India, women are no longer shackled to bad marriages. They dare to leave unhappy marriages and take bold steps. However, the dissolution of a marriage is still an unhappy and tumultuous time for both the partners. One worry that a lot of women facing divorce have is how to be financially independent, and how much the process itself will cost. The best way to enjoy a comparatively easier time is to collect data and understand how the law works when it comes to divorce in India. Here’s a look at how lawyers charge for mutual consent divorce so that you know what to expect.

  1. How to Prepare For a Mutual Consent Divorce

  2. What to Look Into Before a Mutual Divorce

  3. How do Indian Lawyers Charge for a Mutual Divorce Consent?

  4. Lawyer Charges for Mutual Consent Divorce in India

How to Prepare For a Mutual Consent Divorce

A mutual consent divorce occurs when both the husband and wife are willing to appeal together for a divorce. This requires them to be on talking terms or to have at least a cordial relation. The court grants the decree for divorce only when it is satisfied that the couple has decided how to handle important things. Therefore, the couple must agree on matters, such as child custody, alimony, and how to split shared assets. All of this requires discussion and contribution from either side. Also, these things need to be decided beforehand, even before you approach a lawyer. 

What to Look Into Before a Mutual Divorce

Here’s a look at you need to look into and discuss for a mutual divorce:

Child Custody

In case you have a child, try to talk to your spouse about what will help your child the most. Think about what city and environment will benefit the child, and which spouse will have enough time to look after the child. 


In case one of the spouses are financially dependent on the other, then the couple will need to discuss alimony. The spouse who will provide the alimony or maintenance has to start getting their funds in order so that they can make the necessary payments.

Shared Assets

While married, there might be a lot of things that the couple bought together. The couple themselves should decide how to split these assets. They will also need to look into the taxation laws that come into play when transferring such assets. In case you are unsure how taxation works concerning alimony and movable assets, have a look at our article on the same. 

Litigation Charges

Since a mutual divorce requires only one lawyer, the couple can decide who will bear the cost of litigation. If it is accepted, the higher-earning member can foot the bill, making it easier for the other person. 

While you might feel uncomfortable discussing such things with your spouse, it will be better if you do this. A mutual consent divorce goes a lot smoother than a contested divorce, as there is more understanding between the couple. They also make it a lot easier to get fairer terms when it comes to the custody of children, with shared parenting or joint custody being an excellent option for both the spouses and the kids.

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How do Indian Lawyers Charge for a Mutual Divorce Consent?

While there is no fixed rate for lawyers in India, on average, a mutual divorce can cost anywhere between INR 5,000 and INR 50,000. All lawyers take a fee depending on their stature, experience, and skill. It doesn’t necessarily mean that expensive lawyers are great lawyers. Sometimes, brilliant young lawyers can do an excellent job for you at very affordable prices. It is all about meeting with the right people and choosing the proper counsel.

Here are the main factors that you need to consider while choosing a lawyer. 

  • Efficiency: While picking a lawyer, always make sure you gauge their effectiveness, to ensure that all the money you pay is justified. The more efficient the lawyer is in negotiation, the better deals you will get, concerning custody and alimony. 
  • Knowledge: Go for lawyers who have studied law with great intent and interest. Make sure they have experience with regards to drafting notices and other claims so that you can avoid all mishaps and loopholes. 
  • Success Rate: Check how successful your lawyer is about the cases they fight. Lawyers with a higher success rate tend to charge more.

Lawyer Charges for Mutual Consent Divorce in India

  1. The total expenditure will come to around Rs.20,000/- in most tier 2 and tier 3 cities in India.
  2. Well established lawyers tend to ask for higher fees because they have a better reputation and higher success rate.
  3. Most lawyers charge per appearance they make for you. However, in a mutual divorce, if all goes well, it will take only two appearances to get a divorce. 
  4. Individual lawyers might gauge your financial capacity and then charge for their appearance. Try to avoid such people, especially if you don’t have much money to spare.  
  5. Also, as a thumb rule, the cost of litigation is directly proportional to how long the process takes. 
  6. High Courts and Supreme Court cases will cost more than your average family court hearing. Similarly, if you opt for lawyers who practice in the SC or HC, their fees will also be a lot higher. 
  7. Drafting fees also make a significant part of litigation fees, as lawyers take money for consultation, drafting notices, affidavits, helping with settlements, and even making agreements.
  8. Fees tend to be around INR 10,000 to INR 35,000 for the entire process in Delhi, Mumbai, and Kolkata. 
  9. The cost of litigation, by comparison, is lower in Bengaluru and Chennai.