Choosing to end a marriage by mutual agreement is a sensitive decision, and understanding the legal process in advance can help couples move forward with clarity and confidence.
What Is Mutual Consent Divorce?
Mutual consent divorce allows both husband and wife to jointly request the court to dissolve their marriage without contest. It is usually filed under Section 13B of the Hindu Marriage Act or the relevant personal law, depending on the couple’s religion.
This method avoids long legal battles and makes the separation process simpler and less stressful.
Who Is Eligible to Apply?
You can file for mutual consent divorce in Delhi NCR if:
Both spouses have been living separately for at least one year.
Both partners agree that the marriage cannot continue.
Issues such as alimony, child custody and property settlement are mutually decided.
Step-by-Step Mutual Consent Divorce Process in Delhi NCR
1. Document Preparation
Before filing the petition, you will need:
- Marriage certificate or proof of marriage
- Address and identity proof of both spouses
- Passport-size photographs
- A written settlement agreement covering maintenance, custody and property matters
2. Filing the First Motion
Both spouses jointly file the petition in the family court that has jurisdiction in Delhi NCR. The judge records the statements of both parties and verifies that the consent is free and genuine.
3. Cooling-Off Period
After the first motion, the court generally provides a six-month cooling-off period so both partners can reconsider their decision. In special situations, the court may waive this waiting period.
4. Filing the Second Motion
Once the cooling-off period is over, both spouses appear again before the court to confirm that they still want to proceed with the divorce.
5. Final Divorce Decree
If the court is satisfied, it grants the final decree and the marriage is legally dissolved.
How Long Does the Process Take?
In most cases, the mutual consent divorce process in Delhi NCR takes around 6 to 8 months. If the cooling-off period is waived, it can be completed sooner.
How Long Does the Process Take?
Even though the mutual consent divorce process is straightforward, small mistakes in documentation or filing can lead to unnecessary delays. To avoid such issues, it is always better to consult a professional before moving ahead. You can connect with a trusted Mutual Consent Divorce Lawyer Delhi NCR to get the right legal support at every stage of the process.
After the Divorce – What Comes Next?
Once the divorce decree is granted:
Official records such as bank accounts and ID documents can be updated.
Financial or property transfers mentioned in the settlement are completed.
Both individuals are legally free to move forward with their lives.
FAQs
Q1. How long does a mutual consent divorce take in Delhi NCR?
It usually takes between 6 to 8 months, depending on the court schedule and whether the cooling-off period is waived.
Q2. Is it mandatory for both spouses to appear in court?
Yes, both parties must appear in family court during the first and second motion hearings.
Q3. Can the six-month cooling-off period be waived?
Yes, in cases where reconciliation is not possible, the court may waive the waiting period.
Q4. Is online legal consultation helpful for mutual consent divorce?
Yes, online legal consultation can help you understand the process, prepare documents and avoid common mistakes before visiting the court.