How can I make a mutual divorce agreement in India?
The agreement for mutual divorce in India should contain all particulars including the name, address, age of both the parties with their photographs. Mutual Divorce Agreement should also contain the date and place of marriage and places of stay of the parties during their matrimony, giving the period of stay.
How do you deal with mutual divorce?
Planning a Mutual Divorce? Keep These 8 Tips in Mind
- Go for a peaceful divorce.
- Get organized.
- Take responsibility.
- Find support.
- Avoid arguing.
- Discuss how they want to receive the paperwork.
- Try reading some books on how to talk to your kids.
- Give each other respect.
How long does it take to get a divorce by mutual consent in India?
Divorce by mutual consent can be obtained within six months, but no petition in such a case can be filed within first year of marriage. There also has to be gap of six months between the first and second motions. The court can waive this cooling off period in some cases.
What is first motion in mutual divorce?
First motion under proceedings of mutual divorce is the filing of the petition in a Court of competent jurisdiction where the husband and wife mutually consent to dissolution of marriage. This is the first step in obtaining divorce by mutual consent.
Can mutual divorce be challenged?
The divorce decree passed, cannot be challenged in the court. Since, the only essential required in a mutual divorce is voluntary & free consent by both the parties.
Is mutual divorce easy?
It is a decision taken by mutual consent, and hence, the process is a lot smoother than divorce by other means. As per the Hindu Marriage Act, 1955, both spouses have the right to file for the dissolution of their marriage. Furthermore, the Act also allows both parties to file for a mutual consent divorce together.
Is it possible to get divorce without going to Court?
No it is not possible for you to take divorce legally without going to court. If both parties are ready than go for Mutual Consent Divorce in which case you will have to appear in court only 4 times on different dates. If your marriage is legally solemnized than only way for legal divorce is through Court.
Is 1 year separation mandatory for mutual divorce?
For filing divorce case one separation period is not mandatory but one year is mandatory if both you want to file mutual divorce petition. If you alone want to file divorce petition 1 year separation is not mandatory, you can claim permanent alimony and maintenance for you and your child.
Can wife claim maintenance after mutual divorce?
WIFE CANNOT CLAIM MAINTENANCE AFTER MUTUAL DIVORCE, IF SHE VOLUNTARILY SURRENDERED HER PART OF RIGHT TO GET MAINTENANCE:- – Legal Bonding.
Can we get mutual divorce immediately?
Divorce by Mutual Consent is given under Section 32B. It states that both the husband and wife can together file for mutual divorce upon the ground that they have been living separately for a period of one year or more, and that they have not been able to live together.
Is alimony mandatory in mutual divorce?
Hello, In your case at it is a mutual consent divorce, if the parties agree that there is no need to pay any alimony, you don’t have to do so. You may pay a token sum towards alimony. Your wife will have to affirm in the affidavit that she is relinquishing her right to maintenance.
Can I ask for alimony in mutual divorce?
Alimony in mutual divorce. The party can fix the maintenance or alimony through mutual consent if the parties are seeking divorce through mutual consent. According to the agreement a particular amount of money can be given either by the husband to wife or vice versa as the case may be.
Is 6 months mandatory for mutual divorce?
This provision requires that parties live separately for a year before presenting a petition for divorce and that parties take a minimum six-month ‘cooling off’ period before the decree of divorce could be granted.