What is Mutual Consent Divorce?
Mutual consent divorce occurs when both spouses agree to end their marriage amicably and without dispute. This type of divorce is specified under Section 13B of the Hindu Marriage Act, 1955, allowing couples to dissolve their marriage by mutual understanding. At Divorce Lawyer Kochi, we assist clients by explaining the pros and cons of mutual consent divorce and guiding them through the process to make it as smooth as possible if they’re seeking separation.
Our team are one of the Best Divorce Lawyer Kochi strives to negotiate with all parties involved to reach a peaceful agreement. This approach avoids the long, contested court process and helps our clients quickly resolve issues such as property division and child custody.
Conditions for Invoking Section 13B of the Hindu Marriage Act:
- One Year of Separation: The couple must have lived apart for at least one year.
- Acknowledgment of Incompatibility: Both spouses agree they cannot live together.
- Mutual Agreement on Divorce: Both parties recognize the marriage cannot continue and should end harmoniously.
Why Mutual Consent Divorce is Beneficial:
Opting for mutual consent divorce can save time, reduce legal expenses, and offer privacy by avoiding a trial. The process is less confrontational, sparing both spouses from publicly revealing personal matters.
How Does Mutual Consent Divorce Work?
- Filing a Joint Petition: Both spouses sign a joint petition, which is filed in court.
- Recording Statements: The statements of both parties are recorded by the court.
- Six-Month Reconciliation Period: The court allows a six-month period for reconsideration.
- Final Hearing: If no reconciliation occurs, a final hearing is held, after which the court issues the divorce decree.
Mutual Consent Divorce for Court Marriages:
For couples married under the Special Marriage Act, 1954, Section 28 provides for mutual consent divorce if both parties have lived separately for one year and agree that the marriage should be dissolved.
Who Will Draft and File the Petition?
The experienced team at Divorce Lawyer Kochi can handle all aspects of your case, from drafting the petition to representing you at hearings. We are here to help make this challenging time more manageable. For a streamlined process and legal support, reach out to us at via call or WhatsApp +91-9895020263
