Divorce with Mutual Consent

Divorce with Mutual Consent

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Most-preferred legal service provider for Divorce with Mutual Consent in India. Get the legal support and guidance you need today!

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About Divorce with Mutual Consent

When both the husband and wife agree to a divorce, the courts will consider the divorce to be with mutual consent. For the petition to be accepted, the couple should have been separated for over a year or two years (according to to the relevant act) and be able to prove that they have not been able to live together. Matters such as child custody, maintenance and property rights are also agreed upon mutually.

There are three aspects regarding which a husband and wife have to reach a consensus-

a)Alimony- As per the law, there is no minimum or maximum limit of support. It could be any figure or no figure. 
b) Child custody- This must necessarily be worked out between the parties, as it is inevitably what requires the greatest amount of time in divorce without mutual consent. Child custody in a mutual consent divorce can also be shared or joint or exclusive depending upon the understanding of the spouses. 
c) Property- The husband and wife must decide who gets what part of the property. This includes both movable and immovable property. 

The duration of a divorce by mutual consent varies from six to 18 months, depending on the decision of the court. Usually, the courts prefer to end mutual consent divorces as soon as possible to focus on divorce without mutual consent.

Documents Required

  • Self Attested PAN Card copy
  • Self Attested copy of any one of the Identity Proof(Voter's ID/Passport/Driver's License)
  • Self Attested copy of Address Proof in the name of director (Any utility bill i.e., mobile bill/water bill/ electricity bill, or bank statement which should not be older than two months)
  • Passport-sized photograph
  • Rent Agreement (Notarised: For rented property)
  • Sale Deed/Property Deed in English (in case of owned property)
  • No-objection Certificate from property owner
  • Latest Electricity Bill / Mobile or Telephone Bill / Latest Bank Statement/Gas Bill
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