Know About Mutual Consent Divorce After Six Months Of Marriage

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Couples Separating Soon After Marriage

Marriage is said to be a union of souls, more than a union of bodies.  But then all humans are not equal. Some are more equal than others. So, humans are diverse. Thus, there may be couples who may get married but they may realize soon after getting married that they are not made for each other. With the emergence of modern times, this aspect of human relationships – the couples separating soon after marriage – has become more common.

The Legal Help In Early Divorces

Thus, there are various couples who get stuck in unhappy marriages. In the past, divorce was looked down upon, but now that attitude of people seems to be changing gradually. It is now much easier for people to walk out of unhappy marriages.

But then going through the process of divorce soon after marriage may be an emotionally draining period for the newly married couple. One thing which can certainly help is, to have an awareness of law, all the legalities involved in a divorce that takes place in six months of getting married.

Many people have queries regarding the divorce process they have to undertake. Well, here is an article to help you.

The Meaning Of Mutual Divorce

Mutual Divorce – The Eligibility Criteria

Mutual Divorce – The Process To Obtain It

Mutual Divorce – What Are The Advantages

The Cooling-Off  Period – Is It Compulsory?

The Meaning Of Mutual Divorce

First, let us understand what mutual divorce mean. As the name suggests, a mutual consent divorce is a divorce, wherein both partners have agreed for divorce. Husband and wife amicably and jointly appeal for the divorce. Both are in agreement that they cannot live together anymore. This divorce happens easily and smoothly as the process is primarily procedural.

In this divorce, the man and woman have to file a joint divorce petition in the family court and their statements are recorded. They have to state, under an oath, that they have, with full consent and freely, without any undue influence, decided to dissolve the marriage. All the marriages in India can be nullified if both parties want that and have agreed to the same.

Mutual Divorce – The Eligibility Criteria

Let us know what are the requirements for procuring a mutual consent divorce:  

The couple must have lived separately for at least one year. It should be noted that in this case, ‘living separately’ does not mean living in variant geographical locations. What it implies is that they have not lived as man and wife. The court can not move further if the couple are unable to prove that they are living without respecting their conjugal rights for at least one year.

Both feel they cannot live together and a reunion is not possible.

They both provide their free consent for the nullification of marriage. 

The parties can take back the petition between the First and Second Motions. Suppose, either party withdraws the petition, and the other will have to pursue a contested divorce, in order to dissolve the marriage.

Also read, 7 reasons why Divorce among professionals are on a rise.

Mutual Divorce – The Process To Obtain It

The couple should file a joint divorce petition in the concerned Family Court. This request should also state what the couple will do regarding the custody of the child and their shared assets.

They must appear in court and give their statements under an oath.

After verifying the documents, the court will pass the Order of the First Motion.

Then, there is a 6-month cool-off period, a phase that allows the couple to reconcile and think about their decision.

The two parties can file a 2nd motion, within 6 months for the final hearing.

If the parties don’t file a motion in less than 18 months, the application for divorce stands canceled.

If the court is sure that both parties have given full consent for the divorce, it will grant them divorce at the final hearing and the marriage will be dissolved.

The average time to get a mutual consent divorce can vary from six months to two years,

Also read How Can A Woman Change Her Name In The Aadhar Card After Marriage?

Mutual Divorce – What Are The Advantages

Saves your time

You have to give just two formal court appearances.

It involves lesser cost.

It is hassle-free there is very less cross-questioning.

It enables to end the relationship amicably

It facilitates speedy disposal of a divorce

Removes the possibility of unnecessary quarrels

The Cooling-Off Period – Is It Compulsory?

In a recent development, the Supreme Court said that the cool-off time of six months between the First and Second Motion can be removed if the concerned judge feels that it will only increase the time. In a verdict of a bench comprising of Justice Adesh Kumar Goyal and UU Lalit, the cool-off period may or may not be given.


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