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Is Having Mutual Divorce Agreements Necessary?

It's critical to agree on what will happen when your divorce is confirmed before getting divorced. It is essential to be conscious of mutual divorce contracts to comprehend them properly. Continue reading for further details.

In every religion around the world, marriage has traditionally been seen as a sacred connection. Two people from different families marry and form a new family. In any case, marriage is still a contract that can be dissolved, just like any other contract. The Indian Christian Marriage Act, of 1872, Hindu Marriage Act, Muslim Marriage Act, and Special Marriage Act are only a few laws that govern marriages in India. Is Having Mutual Divorce Agreements Necessary

You should be aware of the several differences between a mutual divorce and a judicial divorce as per the Supreme court latest decision on Divorce. This article will focus solely on the Hindu Marriage Act and how to terminate a marriage by mutual consent in compliance with the Act.

The Act’s Provisions Regarding Mutual Divorce Are

The clauses for mutual divorce are included in a variety of personal laws, such as:

  • 1955 Hindu Marriage Act

Mutual divorce is provided for under Section 13B of the Hindu Marriage Act of 1955. It says that if the parties have been living separately for a year and cannot live together and have chosen to separate, they can pursue a divorce.

  • Personal Laws and the Muslim Women (Protect on Divorce) Act of 1986

Muslims can seek divorce via common agreement under the Muslim Women (Protect on Divorce) Act of 1986 and Personal Laws. In Muslim Personal Law, there are two forms of divorce by mutual consent:

  1. Mubarat
  2. Khulla

There is no need to give any justification for divorce under Khula or Mubarat, and no consideration flows from wife to husband under Mubarat. So the woman (in the case of Khula) or the husband and wife (in the case of Mubarat) decide to divorce without blaming each other. In India, resorting to Khula and Mubarat is a typical method of dissolving a marriage. Divorce by Mubarat is quite similar to mutual divorce:

  1. The Special Marriage Act of 1954
  2. The Hindu Marriage Act of 1955
  • 1872 Indian Christian Marriage Act

The Indian Divorce Act of 1869 applies to Christian marriages in India. Section X of this policy documents them to dissolve their marriage. Both partners can apply for mutual divorce under Clause XA.

  • The 1936 Parsi Marriage and Divorce Act

Mutual divorce is defined under Section 32B. It states that whether the marriage was performed before or after the implementation of the Parsi Marriage and Divorce Act, of 1988, they might seek divorce by mutual consent. Both parties must bring the suit, and the parties must have been living apart for a year and are unable to remain together and have jointly chosen to separate. The complaint cannot be brought until one year has passed from the time of the marriage. If the court is pleased with the facts and circumstances, it might award the divorce decision.

  • The 1954 Special Marriage Act

In the case of a judicial marriage, mutual divorce is submitted as per Section 28 of the Special Marriage Act, 1954. The parties must jointly submit a petition in court declaring that they are unable to live together and, as a result, are living separately, and they have both chosen to file for mutual divorce. Additionally, both parties are given six months to consider their choice; nevertheless, if the parties are adamant about their decision, they can file a motion in court after six months but before eighteen months are up. When the facts and details of the case are satisfied and there are no grounds for the petition to be refused, the court might award mutual divorce.


The essentials of a mutual divorce are

  • The spouses should live apart

The spouses must have lived apart for at least one year before submitting the petition to dissolve their marriage amicably. This 1-year term of separation between the spouses must begin immediately before the petition is filed. In the scope of Section 13B, “living apart” does not always entail physically residing in distinct places. Even though the parties live in the same house and share the same roof, there may still be spaces between them. If this is the case, they are not deemed dwelling as a married couple; instead, they are recognized to be living independently.

  • Spouses haven’t been able to coexist

Although it is thought that connections are formed in heaven, holy partnerships do not always last on Earth. Nowadays, divorce is viewed casually, and individuals use it as a first resort, although the law was intended to make it the last choice. Often, in a marriage, the partners can no longer tolerate each other and can no longer live peacefully together. That’s when they decide on a mutual divorce. Unfortunately, even after attempting mediation and reunion and exerting several efforts, the parties cannot live together and must file a petition for divorce by common agreement.

What Are the Advantages of Choosing a Legal Settlement in a Mutual Divorce?

It is usually advisable to reach a settlement agreement in a mutual divorce since it is legally enforceable. So, if one of the parties does not follow the conditions of the agreement, it will be considered a breach of contract until the court has authorised it. It is an important document that aids in regulating and resolving marital disputes between the couple. It also provides a great deal of clarity on several concerns that may emerge after the parties’ relationship has ended. It also demonstrates to the judge that every problem has been thoroughly considered, saving them time in court in the judgment process.

What Are the Steps in the Process?

The given steps follow divorce with mutual consent

  1. The first step is the filing of a divorce agreement jointly.
  2. The next step is that the husband and wife appear in court to provide statements.
  3. The court looks at the petition and papers, tries to reconcile them, and keeps track of the statements.
  4. The court rules on the First Motion.
  5. The court gives the pair a 6-month period to reconsider their decision.
  6. After 18 months, the second motion is filed.
  7. The court issues a divorce decree.

What Is the Price of This?

The court charge is minimal at ₹15, but the lawyer’s expenses make up most of the cost. While women can seek free legal help from the legal assistance cell, private attorneys’ fees can range from ₹10,000 to 1 lakh, depending on the kind of divorce and the length of time required. Advocates can bill on a pre-hearing basis or in a single payment on an annual basis and for Alimony in India. Women can also sue their husbands for litigation costs in court, although the sum awarded by the judge is generally smaller.

Needed documents

  • The court may request it depending on the form of divorce
  • Proof of husband and wife’s addresses.
  • Details about the husband and wife’s occupations and current wages.
  • Marriage certificate.
  • Background information on the family.
  • Photographs from weddings
  • Evidence demonstrates that the husband and wife have lived apart for over a year.
  • Evidence demonstrating the failure of reconciliation efforts.
  • Income tax returns.


Divorce is an issue that should only be utilized as the last choice, but nowadays, most people don’t hesitate to get divorced. Areas with greater divorce rates have stronger women’s empowerment norms. If a person is not happy with their marriage, they have the right to end it. The ideal approach to divorce is mutual consent since the spouses do not have to badmouth one another in court: and may voluntarily settle any difficulties and cease their relationship.

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