Mutual Consent Divorce – What You Need to Know

If you and your spouse agree to end the marriage, a mutual consent divorce is the fastest, cheapest route in India. Unlike contested divorces, you won’t spend months fighting in court. Instead, you and your partner file a joint petition, wait for the mandatory cooling‑off period, and then finalize the decree. Below we break down the whole process so you can avoid surprises.

Key Requirements and Documents

First, make sure you meet the basic legal criteria. Both parties must be at least one year married and have lived separately for at least six months. You also need to prove that you’re both on the same page about the divorce and its consequences – property split, alimony, child custody, etc.

Typical paperwork includes:

• Joint divorce petition (Form No. 18)
• Marriage certificate
• Proof of residence for each spouse
• Affidavits about assets, debts, and children
• Copy of your last filed income tax return (optional but helpful)

Both parties must sign the petition in front of a notary or a magistrate. If you have children under 18, the court will also ask for a parenting plan.

Step‑by‑Step Process

1. File the joint petition at the family court where you live. The court will assign a case number and set a date for the first hearing.

2. First hearing: The judge checks that the petition is complete and that you both truly agree. If everything looks good, the judge will issue a decree of conditional divorce and order a six‑month cooling‑off period.

3. Cooling‑off period: You don’t have to live apart during these six months, but you cannot change your minds about the divorce. Use this time to settle any pending financial matters.

4. Second hearing (after six months): You appear again with a fresh petition confirming that you still consent. The judge then grants the final decree of divorce.

5. Final decree: This legal document ends the marriage. It’s wise to keep a copy for future reference, especially for matters like property transfer or remarriage.

In most cases, the whole process takes 8‑10 months, but it can be faster if the court’s docket is light and all documents are in order.

**Costs** are another plus – you’ll typically pay court filing fees (around ₹1,000‑₹2,000) plus any notary charges. If you hire a lawyer, expect a modest fee of ₹5,000‑₹15,000 depending on experience and location.

**Common pitfalls** to watch out for:

• Missing or incomplete documents – the court will reject the petition and delay everything.
• Disagreement on child custody or alimony – even a small conflict can turn a mutual consent case into a contested one.
• Ignoring the cooling‑off deadline – you can’t file the second petition before six months have passed.

**Quick tips**:

• Double‑check every document before you file. A quick scan saves weeks of back‑and‑forth.
• Draft a simple, written agreement on assets and kids. Both signatures make the judge’s job easier.
• Consider a brief consultation with a family lawyer even if you plan to handle the filing yourself. They can spot red flags early.

Mutual consent divorce is designed to be simple, but treating it like a checklist helps you breeze through. Write down what you need, gather the paperwork, and attend the two hearings. Before you know it, you’ll have a legal clean break and can move on with confidence.