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Separation and breaking up is an emotionally challenging experience for couples and it is often regarded as one of the most stressful experiences you can have as an adult. Divorce is not always a result of infidelity as sometimes the marriage can run out of steam and both partners might be better off staying apart.
But then is amicable divorce possible?
In this article, we will examine mutual divorce and how to get through a smooth separation without going through the stress and financial burden of traditional divorce.
Amicable Divorce
Amicable divorce, also referred to as mutual divorce or uncontested divorce is a legal procedure where both partners agree to end the marriage without conflict. Mutual divorce aims to ensure you get a fair agreement that you can live with without litigating.
Uncontested divorce is available in India which allows couples who wish to separate amicably without having to go through the stress and burden that comes with traditional divorce.
Mutual Divorce in India
Mutual divorce is the fastest procedure for getting a divorce in India. All marriages duly performed before or after the Marriage Laws (Amendment) Act 196, qualify for the use of the provision of divorce by mutual consent.
Unlike contested divorce, amicable divorce offers several advantages including reduced time and cost among others. An amicable divorce can be achieved in six months and can be less if the parties have lived separately for at least a year. In the next section, let’s examine the criteria needed for an amicable divorce.
How to Divorce Amicably
To be eligible for mutual divorce, the couples must meet some criteria. The following guidelines will help you on how to file for amicable divorce.
- To be eligible to file for divorce by mutual consent, the husband and wife must have lived separately for at least one year. This is to demonstrate that they are unable to live together and resolve their differences.
- Under each Act, the procedure for starting a divorce by mutual consent starts with filling a joint petition, known as the First Motion Petition for Mutual Consent Divorce, in the appropriate family court. The petition is to be supported by affidavits from both parties. The affidavit should contain a joint statement that due to differences that cannot be reconciled, they cannot stay together any longer and should be granted divorce by the court.
- After filing the petition, the court will give six months for both parties to allow them to reconsider their decision and probably look for ways to reconcile and not dissolve their marriage.
- The Second Motion Petition for Mutual Consent Divorce is filled after six months. Both partners need to appear in court to reiterate their desire to divorce. The judge examines the divorce terms and ensures that it is fair and reasonable. This serves as the final hearing of the matter.
- After the hearings from the husband and wife, if the judge is satisfied with the statements and terms for the divorce, a mutual divorce decree is given.
While you focus on getting a mutual consent divorce, ensure you focus on the future rather than blaming the other partner. Some couples spend a reasonable time blaming their partner rather than working to get a divorce. You should not expect to get perfect divorce terms. The best you can get is a fair agreement from both partners and you have to compromise.
Although the divorce period can be demanding, be mindful of your tone and make sure you communicate effectively to ensure that you get the best out of the process. Be kind and don’t take the breakup as a battle. Cooperation and communication make the divorce process easier, faster and healthier for everyone involved.
Laws Guiding Mutual Divorce India
Divorce by mutual consent is the most convenient and affordable and it can be accessed by a wide range of people. You can seek mutual divorce under different Indian Divorce Acts irrespective of your caste.
Divorce by mutual consent under Hindu law is obtained through Section 13B of the Hindu Marriage Act 1955. For Christians, divorce is obtained under the Indian Divorce Act 1869 and the Indian Christian Marriage Act 1872. Muslims are governed by the Personnel laws of Divorce and also the Dissolution of Marriage Act 1939.
For partners belonging to two different castes, divorce can be obtained under the Special Marriage Act 1954.
Amicable Divorce Checklist
While working on getting a mutual divorce in India, having a clear understanding of what’s needed will ensure a seamless process. Compared to traditional divorce, uncontested divorce requires fewer documents. The main documents needed to file for a mutual consent divorce include a marriage registration certificate, identity card, marriage photos, and evidence of current residence.
- An important document to initiate mutual divorce proceedings is the marriage certificate. It serves as an undeniable proof of wedlock. The marriage registration certification alongside the valid address from both parties will form the starting ground of the initial filling.
- With the help of a legal expert who specialises in family/divorce law, compiling and having the required documents will be easier. Having the right documentation from the onset will ensure you have a smooth and faster mutual divorce proceeding.
- Additionally, the couples should prepare a detailed mutual divorce agreement that outlines the child custody, alimony, assets distribution, return of dowry items or Istreedhan and other litigation expenses. Both partners should seek legal counsel to ensure that their rights and interests are protected throughout the divorce process.
- Both parties should complete an accurate financial disclosure that includes liabilities, assets, and expenses. This will ensure a fair division of assets.
- In any legal case involving children, the court will place a special emphasis on prioritizing the child or children’s best interests. This includes assessing factors such as the child’s preferences and assessing each parent’s capacity to create a nurturing and stable environment for them.
Finding the right Lawyer for Mutual Divorce
When searching for a lawyer to help with mutual consent divorce, you have to consider a few things. A lawyer with more experience handling a mutual divorce is important. You need a lawyer who is skilled at negotiating and drafting agreements that serve the equal interests of both parties.
Your lawyer must be approachable and communicate regularly to ensure both parties are carried along on the proceedings. You also need to consider the cost implications related to acquiring a lawyer. This ensures unexpected costs are avoided to the minimum. The right lawyer is essential for a smooth and fast divorce.
Cost of Amicable Divorce
While mutual divorce can be more cost-effective and less stressful than traditional divorce methods, the cost of mutual divorce can vary based on several factors. The fee can vary from lawyer to lawyer and also based on your requirements.
Some factors that determine the cost include;
- The location where the divorce is taking place. There are different fees for different courts in India.
- The experience of your advocate dealing with the divorce. An advocate with experience handling several divorce cases will tend to have a higher cost.
- Your financial stance and legal fees you might need to offset.
- The time it takes your partner to provide requested information. You must discuss the financial implications with your lawyer so you can get an understanding of the expected costs. This will help you plan your finances properly while you also prepare for unforeseen expenses.
Since it is a mutual consent divorce, you and your partner should cooperate to ensure documents and presence in court are done at the right time.
What’s Next?
After going through the divorce process, you might feel relieved that it is finally over. But putting an end to your relationship might come with some new challenges.
You might feel the need to maintain a friendship after the divorce but the other partner might not feel the same. Try not to force friendship and respect and give them space.
While you might still be grieving and adapting to the new phase, you must take care of yourself. Good self-care practices can help you cope while going through the emotional trauma and all that might come with the divorce. You should talk to friends or seek professional support if needed.
Conclusion
No one anticipates the end of their marriage when they first say “I do”, yet a significant number of marriages do end in divorce. While the process can be challenging, an amicable divorce can ease the burden. By engaging in thoughtful conversations with your partner, you can jointly determine if divorce is the best path forward. Seeking guidance from a qualified attorney before proceeding can help ensure a smooth and mutually beneficial separation.
Frequently Asked Questions (FAQs)
Can mutual divorce be applied online?
You cannot apply for a mutual divorce online as it can only be done in court. You might come across some law firms that require you to register online for some paperwork while you are preparing for the process.
What is the cost of an amicable divorce?
The cost of amicable divorce varies based on your location, your needs, your lawyer and other factors. Ensure you speak with your law firm about how much it costs to file for a mutual divorce.