DivorceLegal Advice

Cost of Mutual Divorce in India

Have you and your partner respectfully decided to call it quits? The best option for the both of you is a mutual consent divorce. Keep reading to understand the costs involved.

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According to the Madhya Pradesh High Court, a notary is not authorised to perform marriages or award divorces. The Court has also directed that strict guidelines be issued to notaries and oath commissioners for neglecting to execute divorce deeds, failing which their license will be revoked.

Women in India are no longer tied to disastrous marriages as a consequence of progressive social changes and a slew of other reforms and lawyers. Fortunately, women nowadays are willing to quit unsatisfactory marriages and take bold moves. However, the truth remains that the breakdown of marriage remains a painful and stressful period for both partners.

One concern that many women facing divorce have is how to become financially independent, as well as how much the divorce procedure would cost. The easiest method to have a somewhat simpler time is to collect evidence and understand how the law works in India when it comes to divorce. 

Here’s a breakdown of how much lawyers charge for mutual consent divorces so you know what to anticipate.

  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 agree to file a divorce petition collectively. This requires that they at least be on speaking terms or have a cordial relationship. The court in these petitions grants the decree for divorce only when it is satisfied that the couple has resolved how to handle crucial issues. 

As a result, the couple must reach an agreement on issues such as child custody, alimony, and how to divide common assets. All of this requires focused and dedicated deliberation and participation on both sides. Also, these issues must be resolved ahead of time, even before consulting with a lawyer.

What to Look Into Before a Mutual Divorce

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

Child Custody

If you have a child, try to talk to your spouse about what will benefit your child the most. Consider which city and environment will be most beneficial to the child, as well as which spouse will have enough time to better care for the child.

Alimony

In case one of the spouses is financially dependent on the other, then the couple will need to discuss alimony. The spouse who will pay alimony or maintenance must begin putting their finances in order so that they can make the required payments.

Shared Assets

Married couples may have purchased many items together. The couples should decide on how to divide these assets before finalizing their divorce. They will also need to consult a lawyer regarding the tax laws that apply to them when such assets are transferred. If you’re not sure how alimony and movable assets are taxed, get in touch with the experts at Vakilsearch.

Litigation Charges

Since a mutual divorce requires only one lawyer, the couple may decide who will bear the cost of litigation. Alternately they can even decide to split the litigation costs equally.  Usually, the higher-earning member foots the bill, making it easier for the other spouse. 

While you may feel uncomfortable discussing such subjects with your spouse, it is in your best interests to do so.  Because the more there is an understanding between the couple, the smoother the mutual consent divorce goes. Discussions also make it much easier to obtain fairer terms for child custody, with either shared parenting or joint custody being an excellent option for both the spouses and the children.

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Lawyer Charges for Mutual Consent Divorce in India

  • The total expenditure of a mutual divorce will come to around ₹20,000/- in most tier 2 and tier 3 cities in India.
  • Well established lawyers tend to ask for higher fees because they have a better reputation and higher success rate.
  • 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. 
  • Some lawyers might gauge your financial capacity and then charge you accordingly for their appearance. 
  • Also, as a rule of thumb, the cost of litigation is directly proportional to how long the process takes. 
  • 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. 
  • Drafting fees will also make a significant part of the litigation fees, as lawyers take money for consultation, drafting notices, affidavits, helping with settlements, and even making agreements.
  • Fees tend to be around ₹10,000 to ₹35,000 for the entire process in Delhi, Mumbai, and Kolkata. The cost of litigation, by comparison, is lower in Bengaluru and Chennai.

How do Indian Lawyers Charge for a Mutual Consent Divorce?

While there is no fixed rate for lawyers in India, on average, a mutual divorce can cost anywhere between ₹5,000 and ₹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: When choosing a lawyer, make sure to assess their effectiveness to ensure that all the money you pay is justified. The more efficacious the lawyer is at negotiating, the better the deal you will get in terms of custody and alimony.
  • Knowledge: Go for lawyers who have studied law with great zeal and interest. Make certain that they have prior experience drafting notices and other claims so that you can avoid any mishaps or loopholes.
  • Success Rate: Scrutinize how successful your lawyer is in the cases he or she handles. Lawyers with a higher success rate typically charge a higher fee.

The experts at Vakilsearch are efficient, knowledgeable and have a tremendous success rate. Get in touch with our team of professionals today for smooth and hassle-free mutual divorce proceedings.

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