Family Law

Mutual consent divorce, handled with clarity and discretion

Joint petition for divorce where both spouses agree to separate, with settled terms on alimony and custody.

Book a consultation WhatsApp

Mutual consent divorce is usually the quickest and least adversarial way to end a marriage. Under Section 13B of the Hindu Marriage Act (and Section 28 of the Special Marriage Act), spouses who have lived separately for at least one year and agree that the marriage should end may file a joint petition.

The court records statements on a first motion and a second motion. The six-month interval between them can be waived by the court in suitable cases.

Who may need this service

  • Both spouses agree the marriage has broken down and want to separate amicably
  • You have lived separately for one year or more
  • Terms on alimony, return of articles and custody have been, or can be, agreed
  • You want to avoid a long contested trial and public allegations

How the process works

  1. Consultation to understand your circumstances and the terms you want
  2. Drafting the settlement terms and the joint petition under Section 13B
  3. Filing the petition and recording statements on the first motion
  4. Cooling-off period of six months, which the court may waive in suitable cases
  5. Second motion, confirmation of consent and grant of the divorce decree

Documents you may need

  • Marriage certificate or other proof of marriage, and wedding photographs
  • Address and identity proof of both spouses
  • Proof of separate residence for at least one year, where available
  • Details of income, assets and any agreed alimony or settlement amount
  • Details of children and agreed custody and visitation arrangements

How we can help

We draft settlement terms that are clear and enforceable, so nothing is left to argue about later. We prepare both spouses for the motions, and where the cooling-off period can lawfully be waived we make that application with the supporting facts.

Frequently asked questions

Usually around six to seven months, because of the six-month interval between the first and second motions. If the court waives that period, the divorce can be granted much sooner.

Yes. In Amardeep Singh v. Harveen Kaur (2017), the Supreme Court held that the period is directory, not mandatory, and can be waived where the parties have genuinely settled, have been separated for a long time and there is no chance of reconciliation.

Yes. Consent must continue until the second motion, and either spouse may withdraw it before the decree is passed.

Speak to an advocate about Mutual Consent Divorce

Share the details in confidence. An advocate will get back to you.

Book Consultation +91 90000 00000