Mutual Consent Divorce

Adv. Vijay Borse and Associates is a law firm in Pune with experience in family law. We handle matters such as mutual consent and contested divorces, child custody, alimony, and domestic violence cases. 

Procedure for Obtaining Mutual Consent Divorce

1. Eligibility Criteria:

• Agreement: Both spouses must mutually agree to the divorce.

• Residency: At least one spouse should have resided in Pune.

2. Preparation of Joint Petition:

• Documentation:

1. Full names and addresses of both parties.

2. Details of the marriage (date and place).

3. Reasons for seeking divorce.

4. Agreements regarding child custody, alimony, and division of assets, if any.

3. Filing the Petition:

 Family Court: File the joint petition at the Family Court.

4. First Motion Hearing:

• Attendance: Both parties must attend the first motion hearing.

• Court Review: The judge will review the petition and may record the statements of both parties.

• Cooling-off Period: The court may suggest a cooling-off period of six months, allowing couples time to reconsider their decision.        ( Can be Waived Off by Proving Hardship to stay together )

5. Second Motion Hearing:

• Filing After Cooling-off period, both parties must file for the second motion.

• Final Confirmation: Reappear in court to confirm that both parties wish to proceed with the divorce.

• Agreement Revaluation: Present any updates or changes to previously agreed terms.

6. Final Hearing and Divorce Decree:

• Final Assessment: The court will evaluate the mutual consent and the terms agreed upon.

• Decree Issuance: If satisfied, the court will issue a decree of divorce.

• Obtain a Copy: Ensure to get a certified copy of the divorce decree for legal purposes.

7. Post-Divorce Considerations:

• Updating Records: Update legal documents as needed (name changes, property titles, etc.).

• Settlement Implementation: Address any financial settlements, alimony, or child custody arrangements in accordance with the court’s order.

8. Important Points to Note:

• Counselling Services: Some courts may recommend counselling to ensure that both parties are making an informed decision.
  Timeline: The entire process can take several months, depending on court schedules and any necessary hearings.

Documents required for Obtaining Mutual Consent Divorce

1.  Marriage certificate.

2. Identity proofs of both parties (Aadhaar, Passport, etc.).

 Address proof of both parties.

If applicable Additional documents (e.g., birth certificates of children, financial documents, etc.)