What is a mutual consent divorce?
A mutual consent divorce is when both the parties i.e. the husband and the wife both mutually agree to get a divorce and thus they approach the court for a mutual consent divorce.
What is the basis to file for a mutual consent divorce?
Both the husband and the wife need to agree upon terms of settlement and divorce known as consent terms which will form the basis of their mutual consent divorce.
What are consent terms/ mutual agreement?
When the couple decide to part ways through a mutual consent divorce they agree on certain terms and conditions with regards to their properties, maintenance, children, etc. which are jotted down and agreed upon during the time of a mutual consent divorce. The said terms must be complied with prior, during and subsequent to the said divorce.
How long does a mutual divorce take?
A mutual consent divorce takes approximately a 6 months inclusive of the cooling off period.
What is a cooling period?
The cooling or the cooling off period is when the parties post filing of their divorce petition are given a six months period to reconsider their decision and to be sure whether or not they want to actually get divorced. If post completion of the said 6 months also the parties are sure of the divorce, the said mutual consent divorce then is considered to be agreed upon without any force or coercion.
Can the said cooling period be waived off?
Yes in certain cases the said six months period can be waived off with an application to the concerned court. Judgement
Can one spouse withdraw his/her consent from a mutual consent divorce?
Yes the Court of Law gives both the parties the right to withdraw consent at any point of time before the granting of the divorce, even if it on the date that the divorce is supposed to be granted.
If they withdraw their consent, what remedies do I have against it?
The aggrieved party can approach the courts of law with a fresh petition however this time it will be a contested petition against the spouse. Know more on Divorce
What are the various sections for mutual consent divorce under personal laws?
Mutual consent divorce falls under section 28 of the Special Marriage Act 1954, Section 13B of the Hindu Marriage Act 1955, Section 10A of the Indian Divorce Act, 1869 and through Khula and Mubarat under Muslim personal laws.
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