Mutual divorce settlement is a way to settle divorce matters mutually and contractually. Read more.
Mutual divorce, also known as divorce by mutual consent, is a process wherein both spouses agree to end their marriage amicably. It is one of the quickest and least contentious ways to dissolve a marriage in India. In this comprehensive guide, we will delve into the various aspects of the time required for the mutual divorce procedure, including the possibility of online application, the cost involved, necessary documents, and the common duration of the process.
Concept of Settlement Agreement
A settlement agreement is a binding contract to resolve all problems between all parties. An agreement is struck in advance on a conclusion before any judgment is rendered. Such agreements could be reached through arbitration rather than a lengthy trial. However, the court must approve the proposed settlement. Settlement agreements assist the parties in being satisfied with the solution they have selected.
Like any other sort of contract, settlement agreements must meet certain criteria to be legitimate. These are listed below:
- Offers must be made by one to another.
- The other party must accept that offer.
- A valid and fair consideration.
- Free consent is required of both parties.
- It must have a legal purpose.
Mutual Divorce Procedure and Its Significance
A divorce case in India settlement agreement is a legal document intended to safeguard both spouses’ interests and is prepared in advance of mutual divorce proceedings. This agreement outlines all of the terms and conditions of their divorce.
The courts address the issues concerning divorce agreements similarly to contract disputes. Judges are more concerned with the exact language of the papers and the obligations of those who signed them than with concepts of justice, foreseeability, or intent.
It is a post-marriage agreement in which the couple mutually resolves to separate without the assistance of a court. As a result, to know about mutual divorce procedure without filing a divorce petition or obtaining a court separation decision.
The most significant feature is that separation agreement are entered into after entering into a married relationship. As a result, in a separation agreement, a married couple agrees on the issues of maintenance, child custody, and property distribution without the intervention of a court. A settlement agreement is regarded as against public policy in India. As a result, courts give such an arrangement little weight.
A Mutual Divorce agreement necessitates that spouses properly grasp their legal rights and responsibilities before entering them. Divorcing spouses frequently have a unique comprehension of each other’s mindset and ways of behaving, which could help family law experts prepare contracts intended to avert future issues.
It is simpler, but it is not free of a court process to confirm that the divorce is valid, paving the way for the rupture of the marital connection tie, resulting in a divorce settlement plan. Also, Know about What is Alimony in India.
Mutual Divorce Procedure and Purpose
Creating this agreement for settlement involves simple steps. Given the facts and characteristics of a particular dispute, a litigator would assist you through everything.
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Contact an experienced lawyer
Although this is not strictly obligatory, it is strongly encouraged.
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One-year separation period
The parties must live separately for a year under Section 13B of the Hindu Marriage Act, 1955, section 32-B under the Parsi Marriage and Divorce Act, 1936, and Section 28 under the Special Marriage Act. Section 10A of the Indian Divorce Act of 1869 specifies a two-year separation period.
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Provide particulars
Include all pertinent information concerning your marriage, including the date of your wedding, the time of your divorce, the names, and ages of any minor children from the marriage, the reasons for your mutual divorce procedure, and your present living situation and address.
This could mean that one of you has moved out of the family home or that you’re currently living ‘separate and apart in the family home and the current condition and whereabouts of your children or other belongings that you’d like to mention.
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Gather important documents
These documents can range from your bank statements to documentation relating to your property. Anything that can support your arguments should be brought with you because it will be useful during negotiations.
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Agreement revision and improvement
When you’ve finished all documentation processes, go over them carefully to check for problems or omissions. Make sure that it is appropriate for anybody who will read it. If your agreement has errors or typos, it can not only tarnish the image of your case but also provide the potential for misunderstandings. Our family lawyers will be happy to assist you with any mistakes and review the divorce settlement agreement before you submit it to the court.
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Agreement verification
You and your spouse should confirm that you both agree to the terms of the agreement stated in this form (that your divorce will be uncontested); this acceptance, along with your witnessed signatures, will make the arrangement legally binding.
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Mental preparation
Because a settlement agreement is effectively enumerating terms on difficulties that may occur in the future, it can be a time-consuming mutual divorce procedure. It is also critical that you undertake this method with a clear head and an open mind. It ought to be a simple negotiation.
Can Mutual Divorce Be Done On Stamp Paper?
Yes, mutual divorce can be executed on stamp paper. In fact, the spouses are required to prepare and sign a mutual divorce agreement, which is essentially a legal contract stating their joint decision to dissolve the marriage. This agreement can be drafted on non-judicial stamp paper of an appropriate value, as per the stamp duty regulations of the respective state.
How Much Does Mutual Divorce Cost In India?
The cost of mutual divorce in India can vary based on several factors, including the complexity of the case, the legal fees of the divorce lawyer, court fees, and stamp duty for the divorce agreement. On average, the cost of mutual divorce can range from Rs. 10,000 to Rs. 30,000 or more. It is crucial to note that the cost may vary from state to state and will depend on the specific circumstances of the divorce.
Cost of Mutual Divorce – Key Points
Understanding the key points related to the cost of mutual divorce is essential for couples considering this method:
- Legal Fees: The fees charged by the divorce lawyer for handling the mutual divorce proceedings can vary depending on the lawyer’s experience and reputation.
- Court Fees: When filing the mutual divorce petition in court, there are court fees that need to be paid, which can vary based on the state and the court’s jurisdiction.
- Stamp Duty: Stamp duty is applicable to the mutual divorce agreement, and the amount may vary based on the state where the agreement is executed.
- Other Expenses: There may be additional expenses such as notary fees, travel expenses to attend court hearings and fees for obtaining copies of the divorce decree.
Can Mutual Divorce Be Applied Online?
Yes, in certain states, mutual divorce can be applied online. Several Indian states have implemented e-filing systems for mutual divorce petitions to streamline the process and make it more convenient for couples. Online filing allows couples to submit their documents electronically and schedule virtual court hearings, reducing the need for physical appearances in court. However, the availability of online filing may differ among states, so it is essential to check with the local family court’s website for specific guidelines.
What Are The Documents Required for Divorce by Mutual Consent?
The documents required for divorce by mutual consent include
- Joint Petition: Both spouses need to submit a joint petition for mutual divorce, stating their mutual consent to end the marriage.
- Marriage Certificate: A copy of the marriage certificate is required to prove the validity of the marriage.
- Address Proof: Both spouses must provide address proofs to establish their current residential addresses.
- Income and Asset Details: Details of the income, assets, and liabilities of both parties may be required, especially if the court needs to verify the financial settlement.
- Passport-sized Photographs: Recent passport-sized photographs of both spouses are usually needed for court records.
- Proof of Marriage Separation: In some cases, the court may ask for evidence of the couple’s period of separation before filing for mutual divorce.
Negotiations between parties are required to abide by the terms of such agreements. Some contracts include requirements, such as the time to complete the contractual obligations.
Creating such settlement agreements in a consensual divorce, on the other hand, saves a lot of time and money since those issues are not left to the court: https://districts.ecourts.gov.in/. The parties actively participate in the decision-making process, and the court requires such agreement to give the verdict.
Conclusion
Mutual divorce is an amicable and relatively faster way to dissolve a marriage in India. The time required for the mutual divorce procedure depends on various factors, including the court’s schedule, the completeness of documentation, and the cooperation between the parties involved. While it is possible to obtain a mutual divorce within a few months in certain cases, it is essential to understand that the actual duration may vary. To ensure a smooth and efficient process, it is advisable for couples to consult experienced divorce lawyers, prepare all necessary documents, and comply with the legal requirements diligently. By approaching the mutual divorce process with mutual respect and cooperation, couples can minimize the emotional strain and reach a resolution that is beneficial for both parties.
FAQs
How long does a mutual divorce take?
The duration of mutual divorce can vary based on factors such as the court's caseload, the complexity of the case, and the efficiency of the legal process. On average, mutual divorce in India can take between 6 months to 18 months.
Can mutual divorce be done in 3 months?
In certain cases where all legal formalities are completed promptly, mutual divorce can be finalized within 3 months. However, the actual duration may vary based on individual circumstances and the specific family court's workload.
Can we get mutual divorce in 2 months?
While it is possible for some couples to obtain mutual divorce within 2 months, it is not a guaranteed timeline. The duration of mutual divorce proceedings depends on various factors, including the court's schedule, the time taken to draft and file documents, and the waiting period required by the court.
How can I get a mutual divorce fast?
To expedite the mutual divorce process, couples should ensure that they have all the necessary documents ready and complete the required formalities promptly. Hiring an experienced divorce lawyer can also help navigate the legal process efficiently. Additionally, opting for online filing, where available, may expedite the process.
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