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    What is Mutual Consent Divorce?

    Mutual Consent Divorce is the quick, easy and a peaceful way of putting an end to a marriage. In this, husband and wife decide the terms and conditions of divorce and mutually agree upon them and then come to the court to get a decree of divorce.

    Benefits of Mutual Consent Divorce

    It is comparatively a sensible way to get divorce through mutual consent as it saves time, money and energy of both the parties.

    What precautions one should take while filing Mutual Consent Divorce Petition?

    While going for mutual consent divorce, to make sure that the parties don’t regret anything later they must take few precautions. These simple things will help you not only to get a peaceful divorce, but also to maintain a harmonious association after getting divorced:

    1. Be ready with your mutually agreed terms and conditions: The fact that you have consented for divorce mutually shows that you are wise enough to understand the uselessness of long processes of legal proceedings. So in that case take out time to decide about what you are going to present in the court. Be ready with your agreed terms and conditions. It will save the time of the court and reduce the possibility of last minute conflicts.
    2. Proper Communication will help both the parties: It’s always good to be at the conversational level. It is favourable not only for the spouses, their respective families but also for keeping a good environment around.
    3. Peaceful Solutions: Remember, marriage is a part of life and it should always come after life. Once you accept it and come to this conclusion, you must figure out rest of the things being on the common ground. You must help each other to come out of the feeling of loss. And for this you can work try to make it less difficult to part ways.
    4. Keep the Children’s point of view as Priority: It is also important for both the partners to understand that children are living beings they are not assets or commodities. While deciding about child’s custody issues consider the child’s point of view and inclinations. Don’t force your decisions on children. Treat children with care and love. Let them know that their opinion matters a lot.Also make sure to assure kids that they will get the love of both parents and they can access both. If the children are really small i.e, below 5 years of age and can’t decide on their own then only  the parents should mutually decide for the physical custody of child after divorce.
    5. Discuss Financial Issues: Likewise both spouses can also decide about financial issues. They can mutually discuss and decide regarding the alimony, maintenance, or other expenses.

    Other Important Things to know about Mutual Consent Divorce Procedure

    1. If any sort of indecisiveness remains in one of the spouse, it is suggested to sort it before going to the court.
    2. If the court will find out the difference of opinion among the spouses on some point during recording of the statements, court may cancel the petition.
    3. If everything goes as decided between the parties and the court succeeds in recording the statements then it will be called as First Motion Divorce.
    4. After this First Motion order the parties have to wait for six months’ time which is also called as Cooling-off period. It’s the time when the parties can still change their mind and restore friendly relations.
    5. If the parties are very firm about their decision and convince the court also then in such situation, according to the Supreme Court of India this six months’ time also can be waived off. Though it will entirely depend on the discretion of court.
    6. After this cooling off period court will again record the statements of both the parties and then pass a Second Motion.
    7. This second motion order finally dissolves the marriage and the couple gets the Decree of Divorce by Mutual Consent.

    Is it possible to withdraw the consent in a Mutual Consent Divorce?

    Yes, during the process of mutual consent divorce, either party can withdraw consent and at any point of time before the passing of final decree for divorce. It’s the right available to both the parties and no one can be compelled or directed to give consent. And in such  scenario, the only option left with the other party, who still wants a divorce, is to file a case for Contested Divorce.

    Also Read: Contested Divorce

    For more information on this matter you can get in touch with our team of lawyers at Lexcarts. Call us on 9828065532 or write a mail on contactus@lexcarts.com. We will be happy to find solutions for you.


    Author: Aparna Praveen Kumar
    Aparna is a chief legal advisor at Lexcarts Technologies. She has experience of interviewing senior high court judges and legal personalities. Her articles got published in Hindustan Times and other leading national dailies. At Lexcarts, she furnishes advice on all legal issues and is fully devoted to legal ethics.

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