Legal basis
Section 13B of the Hindu Marriage Act, 1955 and Section 28 of the Special Marriage Act, 1954 allow spouses to divorce by mutual consent.
Requirements
- Living separately for the required period, commonly one year.
- Free and genuine consent from both spouses.
- A settlement covering maintenance, custody and property.
Stages
A joint petition and first-motion statements are followed by the second motion after the statutory interval. The Supreme Court has recognised that the interval can be waived in suitable cases; the court decides on the facts.
Read our Mutual Consent Divorce page, or book a consultation.
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