Mutual Consent

Mutual Consent

When both the spouses are agreed to divide the matrimonial relationship by a mutual agreement then they can apply to the court for divorce on the mutually agreed terms and conditions.

Conditions for mutual consent Divorce:

Separation : Both the Parties should be separated for one for Hindus and two years for separation for Christians. There was no mutual consent divorce provided by law for Muslims.

Child Custody : The parental custody and the visitation rights of the spouses should be finalized.

Maintenance : The Maintenance of the children’s should be decided. It may be monthly or permanently. The wife can get permanent Alimony when it was accepted by the husband. Sometimes the wife can waive the alimony.

Marriage Articles : The Articles, movables, immovables and Jewels given at the time of the marriage should be exchanged between the parties or the parties can waive the right of receiving the articles and can also come to an conclusion of future denial of the articles presented at the time of marriage.

Benefits of Mutual consent Divorce:

No Appeal : The mutual consent divorce is not subjected to any appeal.

Immediate Marriage : The spouse can marry immediately after getting the mutual consent divorce order from the court.

No Waiting Period : The spouses cannot wait for a long period to get divorce. Even the six months cool down period can be waived by the courts. Divorce can be obtained within 15 days from the date of filing the Mutual consent divorce petition.

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