What is the process of mutual consent divorce 

Mutual agreement 

In the mutual consent divorce, the couple mutually decided to end their marriage and also mutually agreed on all the terms and conditions of the divorce, like division of assets, maintenance, child custody, and alimony. That mutual agreement between both persons is mandatory for mutual consent divorce.

Divorce petition 

When the couple agrees on separation, the next step is drafting a divorce petition for mutual consent divorce, and if you live in Noida and you want a professional draft for mutual divorce, then you can choose Right to Law in Noida. We have experienced professional lawyers who can draft a professional mutual consent divorce agreement for you. Let’s see in detail which act and section are applicable for drafting the divorce petition:

• For dissolution of the marriages that come under the Hindu Marriage Act, 1955, the petition filed for mutual consent divorce is under Section 13B of the Act.  
• For dissolution of the marriages that come under the Special Marriage Act, 1954, the petition filed for mutual consent divorce is under Section 28 of the Act.
• For dissolution of the marriages that come under the Indian Divorce Act, 1869, the petition filed for mutual consent divorce is under Section 10A of the Act.

Filing Divorce Petition 

Once the mutual divorce agreement is drafted, which includes the mutual agreement and settlement terms, then it must be filed in the court. Then the court reviewed that agreement and started hearings on that agreement. 

Court hearing on statements 

After filing a divorce petition in court, the court scheduled a hearing on that petition. The couple had to present themselves in court for the hearing and present their statements in court, and the court recorded the statements of both parties. 

First motion 

Once the court recorded the statements of both the parties, the court granted the first motion, which showed the acceptance of the mutual divorce petition by both the parties. 

Mandatory six-month cooling off period

In the mutual divorce after the first motion granted by the court, the couple must follow a mandatory cooling period of six months. In this period, couples rethink the decision of separation and they also have time to solve their disputes or issues. Court will wait for this period before processing further.  

Second motion 

Once the cooling period is completed, the court schedules the second hearing for the second motion. In this hearing, the court again recorded the statements of the couple regarding their desire for the divorce.

Final decree of divorce 

After recording the statements of the couple, then both parties should reconfirm their decision on the divorce agreement. Then the court granted a final decree of divorce, and the couple officially dissolved their marriage. 

Divorce by mutual consent for NRI with the facility of video conferencing 

We understand that when you are a non-resident of India, it’s not easy to handle the legal matters for you in India. Don’t worry, our Indian legal system provides facilities for NRIs to operate divorce processes without physically appearing in court. 

Many courts in India give the option of recording one party’s statements with the help of power of attorney. As well as many courts allowed the use of video conferencing for recording the statements and hearings  of the parties in mutual consent divorce. As per this provision, a couple who lives outside of India and wants to take a mutual consent divorce has no need to travel back to India, they can complete this process without crossing geographical boundaries. 

Right To Law firm provides remote assistance to the NRI couple. You can visit our firm’s website and book any online appointment with our expert lawyers and get professional legal help in your mutual consent divorce. 

Why do you choose the Right To Law firm as your legal help in Noida?

Right To Law Firm has professional, experienced lawyers for handling mutual consent divorce cases. We provide clients with good-quality legal services in a cost-effective manner. Let’s see our specialized services that make us stand out:

Professional legal support 

Our legal team has experienced lawyers who have years of professional experience in handling divorce cases and special experience in handling mutual consent divorce. 

Quick and efficient process 

Our aim is to provide quick and quality legal suggestions to clients so they can save time in the mutual consent divorce process and avoid unnecessary delays. 

Nonjudgmental services 

We provide a non-judgmental approach; we understand the emotional and financial strain of divorce. Our legal team tries to give clients approachable services and assistance and tries to make this process smoother for clients.

Special services for NRIs

Our firm provides  special remote legal  assistance to NRI clients in mutual consent divorce. As per the special facility provided by the Indian Judiciary with the help of power of attorney and video conferencing, NRIs can complete this process without crossing geographical boundaries. Our firm’s experts provide complete assistance in this process to make this process smoother. 

Drafting and documentation 

In the mutual consent divorce, there are several documents included, like the divorce petition and the final decree of the divorce. Our firm’s lawyers guaranteed that they would draft correctly all the essential documents for both parties. 

Mediation and settlements 

In the mutual consent divorce, there are also several disputes that arise, child custody, asset distribution, and alimony. Our firm’s lawyers play a crucial role by providing mediation and helping couples to do the settlement in these disputes.  

Maintain confidentiality 

Our firm assures you all the personal details of the client that are used in the divorce process are kept confidential and lawyers give you a safe environment for open discussions in this process. 

Frequently Asked Questions