Divorce through mutual consent is approved by each of the marriage Acts prevalent in India. The procedure is simple and helps you avoid all the hardships involved in a contested divorce petition. Go through our article to learn more about possible charges you might need to bear if you file a divorce petition in this country.
Divorce procedures through mutual consent are an event that occurs when the parties, both partners, make a firm decision to officially discontinue their marriage relationship. Thus the term ‘mutual consent has been incorporated into this divorce category. The cost of mutual divorce procedures is involved in the process. It is a smoother divorce process compared to a contested divorce.
According to the Hindu Marriage law that came into force in 1955, both partners have the fundamental right to apply for marriage dissolution by initiating a decree stating one or more valid reasons that are particularly enlisted under Section 13. Our readers must also note that Section 10A of the Indian Divorce Law (1869) and Section 28 of our Special Marriage Act also include provisions for mutual divorce.
Cost of Divorce Procedure in India
The cost of divorce procedure in India can vary depending on the type of divorce chosen. In India, there are two types of divorces – Mutual Consent Divorce (MCD) and Contested Divorce.
MCD is a quicker and more straightforward process that involves both parties agreeing to end the marriage. The cost of a mutual divorce procedure in India can range from INR 15,000 to INR 30,000, including the lawyer fees.
On the other hand, a contested divorce is a more complicated and time-consuming process that involves one party contesting the divorce. The cost of a contested divorce in India can range from INR 1 lakh to INR 5 lakhs, depending on the complexity of the case, the need for experts, and the duration of the trial.
Cost of Mutual Consent Divorce
As mentioned earlier, the cost of MCD in India is relatively low compared to contested divorces. MCD involves both parties agreeing to end the marriage, and hence the legal process is relatively straightforward. The Cost of Divorce Procedures in India can range from INR 15,000 to INR 30,000, including the lawyer fees.
How Much Does A Divorce Cost in 2024?
The cost of divorce in 2024 will depend on several factors, such as the inflation rate, changes in the legal system, and the complexity of the case. However, it is safe to assume that the cost of divorce in 2025 will be higher than the current cost of divorce.
Cost of Divorce Procedures
The cost of divorce can be significant, and it is essential to factor in these expenses while planning for a divorce. The cost of divorce includes lawyer fees, court fees, expert fees, and other miscellaneous expenses. The total cost of mutual divorce procedure in India can range from INR 15,000 to INR 5 lakhs, depending on the type of divorce chosen and the complexity of the case.
Divorce Lawyer Fees
One of the most significant expenses in the divorce process in India is hiring a divorce lawyer. In India, the fees of divorce lawyers can vary depending on their experience, expertise, and reputation. Generally, a divorce lawyer in India charges around INR 10,000 to INR 50,000 per hearing, which can be a significant expense for most people.
However, it is essential to note that hiring a divorce lawyer can save you money in the long run. An experienced divorce lawyer can help you navigate the complex legal process, protect your rights, and negotiate a fair settlement on your behalf.
How Much Will My Divorce Cost?
The cost of the mutual divorce procedures will depend on various factors, such as the type of divorce, the complexity of the case, and the need for a divorce lawyer. It is advisable to consult a divorce lawyer to get a better understanding of the expenses involved in your case.
Why Are Divorce Cases So Expensive?
Divorce can be a financial blow alongside the emotional strain. Here’s a breakdown of the key factors that drive up the cost:
- Battleground Stalemate: Divorces can turn into drawn-out battles, especially when couples can’t agree on child custody, property division, or spousal support. Lawyers often end up in court multiple times, racking up hourly fees. The longer the fight, the bigger the bill.
- The Money Maze: Untangling finances during a divorce can be a complex task. Depending on the assets involved, you might need appraisers, accountants, or forensic investigators to value property or businesses. These additional professionals add to the overall cost.
- Location Matters: Divorce filing fees and lawyer rates can vary significantly depending on where you live. Big cities often have higher costs compared to rural areas.
- Going Solo vs. Teaming Up While hiring a lawyer is almost always recommended, the type of lawyer you choose can impact the cost. A collaborative lawyer who focuses on settling disputes outside of court can be more affordable than a litigator who specializes in courtroom battles.
Where Can You File a Mutual Consent Divorce Petition?
The couple can reach out to the state judiciary council or court to file their divorce petition. This court may be situated in the state where the couple is staying. Otherwise, the couple may mutually decide to settle their terms in a court nearest the place where the wife is staying.
India’s divorce cycle begins with the application procedure for a divorce petition. Both parties involving the divorce jointly file this legal document, and a counterfoil of the petition is sent individually to both of them by the court.
Based on the 1955 Hindu Marriage law, an appeal for the ‘mutual divorce’ event can be filed when you and your partner are having hardships and thus have agreed to part your paths following lawful directives.
However, there is also the procedure of filing a divorce application when only one of the spouses wishes to get out of the marital relationship. Those petitions are marked as ‘contested divorce petitions’. For the Cost of Divorce Proceedings, charges may vary accordingly.
Valid Conditions That Lead to Mutual Divorce Procedures in India
Marriage registration all over India occurs under any of the two Marriage Acts – the Hindu Marriage Law (1955) and the Special Marriage Law (1954). When we start discussing the Acts governing divorce process in India, the norms remain the same. The jurisdiction passes a verdict depending on the Act under which the marriage was initially solemnized.
The conditions that are considered genuine by the jury under Section 13B about the Hindu Marriage law are given below:
- There must be a separation period extending up to 1 year once the partners have decided to call off their marriage relationship mutually.
- The same code of conduct is also noticeable in Section 28 concerning the Special Marriage law. 1869’s Divorce law demands a separation period of at least two years.
- Similar compulsory separation periods have been set under the Christian Marriage Act, Muslim Marriage Law, and the Parsi Marriage Law (1936).
Step-by-Step Cost of Divorce Procedures in India
Divorce petition/ application: A petition must be forwarded to the state family court where the husband and the wife will jointly apply for marriage dissolution. They have to present why they wish to discontinue their marriage and state that they have been living at different addresses for at least one year or more.
Here, are the steps to learn more about the Cost of Divorce Procedures
- Physical Attendance in Front of the Judge and Scrutiny of the Petition: This is a mandatory step where both spouses attend the family court. The spouses will introduce their lawyers/counsels before the judge. Depending on the situation, the court may try to usher in reconciliation between the couple. If the attempt fails, the divorce procedures moves forward to the next stage.
- Dispensing Orders to Record Respective Speeches on Oath: Once the court finishes inspecting the joint petition and confirms the same, it orders both spouses to say their wishes out loud so they can be captured on oath.
- The Court Approves the First Motion, Followed by the Mutual Divorce Decision, and a Cushion Period of Half a Year Is Given To Commence With the Second Motion: This is another clause that the court orders and the couple needs to abide by it once their statements have already been recorded for the legal procedure. Six months are awarded to each of them, within which they are eligible to file the conclusive second motion. The court stretches this window to a maximum frame of 18 months, starting from the petition investigating date executed in a particular family court.
- Second Motion: As the spouses decide to further continue with the legal matter and attend the second motion, the court assists them in carrying out the final divorce formalities in India. This occurrence involves the husband and wife attending the court and recording their opinions before the family judiciary. Not too long ago, the Indian Supreme Court declared that the half-year window provided to spouses can be ignored only when the court feels there is a necessity to do so. As a result, for couples who have truly decided about their future life after settling the children’s custody, alimony, and other formal agreements, this period can be cut off.
- Final Hearing/ Issuance of Divorce Decree: In a mutual consent divorce, there shall not be any objections regarding the children’s custody, alimony, property rights, etc., once the matters have been addressed by the court and settled, taking mutual approval of the previously married couple. Thus marriage dissolution demands a final written agreement signed by the persons involved. This has to take place in front of witnesses who will be present from both sides. When the courts can test and assure that the allegations stated in the divorce petition are valid and it sees no other alternative, such as cohabitation or reconciliation, then it approves a decree confirming the divorce. The divorce cycle ends finally when the court passes the decree.
Factors Connected to a Lawyer’s Fee
Divorce lawyers don’t have a one-size-fits-all price tag. Several factors influence how much you’ll pay, so it’s important to understand these before diving in. Here’s a breakdown of the key drivers:
- Battle Lines Drawn: The nature of your dispute has a big impact. A smooth, uncontested divorce with minimal assets and no children is typically cheaper. Contested divorces, where disagreements rage over child custody, property division, or alimony, can become expensive battlegrounds. Lawyers spend more time prepping for court, leading to higher fees.
- Experience Counts: Just like with any professional, experience comes at a premium. A seasoned lawyer with a proven track record will likely charge more than a newer one. However, their expertise can save you time and money in the long run by navigating complexities and avoiding unnecessary hurdles.
- Complexity of the Case: The more issues your divorce involves, the more it will cost. Cases with child custody disputes, significant assets, or allegations of domestic violence require additional legwork and potentially involve specialists like appraisers or forensic accountants. This adds to the overall legal bill.
- Location Matters: Divorce lawyer fees can vary significantly depending on your location. Lawyers in big cities with a higher cost of living typically charge more than those in rural areas.
- Your Financial Picture: Some lawyers consider a client’s financial situation when setting fees. Pro bono or low-cost legal aid programs may be available for those who qualify.
Conclusion
Vakilsearch experts and reputed lawyers throughout India assist the concerned individuals who are confused regarding the cost of the divorce procedures. We provide you with an overall roadmap you need to follow to learn anything related to marriage and divorce laws in India. In India, the court charges to execute legal proceedings on divorce sums up to a nominal figure of ₹15. At the same time, the lawyer’s fee depends on their expertise and skill set in this field. The duration of a specific case determines how much you shall have to pay to your private counselor or lawyer. It can also be a minimum of ₹10,000; in some cases, it crosses even ₹1 lakh.
FAQ
What factors influence the cost of mutual divorce procedures in India?
The complexity of the divorce procedures, divorce lawyer fees, and the extent of agreement between the parties can impact the cost of divorce proceedings. Additional factors include the division of assets, child custody arrangements, and alimony considerations.
Are there specific legal fees associated with filing for mutual divorce in India?
Yes, legal fees for mutual divorce can vary based on the lawyer's experience, reputation, and the complexity of the case. It's advisable to discuss fees with your chosen divorce lawyer upfront to understand the financial implications.
How does the complexity of assets affect the overall cost of mutual divorce in India?
If there are extensive assets to be divided, such as properties, investments, or businesses, it may increase the complexity of the divorce process in India. This complexity can contribute to higher legal fees and potentially impact the overall cost.
Are there potential additional expenses beyond legal fees in mutual divorce cases?
Yes, there may be additional expenses such as court fees, fees for documentation, and charges related to any expert consultations required to learn how to file for divorce in India. These additional costs should be discussed with your lawyer.
Can the duration of mutual divorce procedures impact the overall cost involved?
Yes, the duration of the divorce process in India can influence the overall cost. Longer proceedings may result in higher legal fees, so an efficient and timely resolution is generally beneficial for minimizing expenses.
