Appearing before the Court and Inspection of the Petition
In this, both parties have to appear in court with their respective lawyers after filing the petition for mutual divorce. The court will then analyze all the documents filed before them and shall also verify that both parties have freely agreed on the terms of mutual divorce. The court in many cases can give a chance to the couple to reconsider their decision and if the couple does not want to reconsider, then the matter will be sent for further follow-ups.
10 Steps to Apply for Mutual Consent Divorce
In our country marriage between two individuals is governed through various acts and a marriage is only considered legal in our country if it has been solemnized as per the laws of the country. As marriages are governed in our country there is a similar process laid down in various acts that govern divorce between two parties. A divorce is a legal declaration given by the court that the marriage between the individuals will not be considered valid. The court only gives the decree of divorce after following the proper process established by the laws of the country. In our country, there was no rule of separation of marriage before the introduction of the Hindu Marriage Act, 1955. Before this act, the couple between whom marriage is performed had to stay together even if they had any differences between them. But after the introduction of the act, the couple in which there are any differences in the marriage can take the help of divorce and can part away ways with their partner. Divorce helps individuals live their life in a better way as after the divorce they do not have to perform the obligation of marriage.
Table of Content
- What is a Mutual Divorce?
- 10 Steps to Apply for a Mutual Consent Divorce
- 1. Discussion between Parties
- 2. Draft a Memorandum of Understanding (MoU)
- 3. Collection of Documents
- 4. Divorce Petition
- 5. Appearing before the Court and Inspection of the Petition
- 6. Recording of Statements of the Parties on Oath
- 7. First Motion Hearing
- 8. Cooling-off Period
- 9. Second Motion Hearing
- 10. Decree of Divorce