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What is a mutual consent divorce?
A mutual consent divorce is a divorce where both spouses agree to end the marriage. It is granted under Section 13B of the Hindu Marriage Act, 1955. Unlike a contested divorce, no one has to prove that the other is at fault — the couple simply confirms that the marriage has irretrievably broken down and that they wish to part with dignity. Because both sides cooperate, it is the fastest, most affordable and least stressful way to divorce, and it spares both people the pain of a long courtroom battle. If this is your situation, our advocates can begin quietly and respectfully — start the process online, free to order, and you pay only as agreed for the work done.
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Eligibility under Section 13B
- Both spouses agree to the divorce.
- They have lived separately for at least one year before filing.
- They agree the marriage has irretrievably broken down and cannot continue.
- Both are willing to settle alimony, custody and property by agreement.
"Living separately" means not living as husband and wife — it does not always require different addresses. Our advocates confirm your eligibility on the first call.
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The two-motion process
A mutual consent divorce moves through two motions (two court stages):
First motion. The couple files a joint petition in the family court and both record their statements that they are seeking divorce by mutual consent.
Cooling-off period. A period of up to six months follows, meant to give the couple time to reconsider (see below — it can be waived).
Second motion. After the cooling-off period (or its waiver), both spouses appear again and confirm that their consent has not changed. The court then passes the decree of divorce, legally ending the marriage.
Our advocates prepare the petition, the MOU and the statements, and represent you at both motions — order the complete service and we handle every stage, free to order.
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The 6-month cooling-off period — and its waiver
The law provides a six-month gap between the first and second motions. However, in Amardeep Singh v. Harveen Kaur (2017), the Supreme Court held that the family court has the discretion to waive this period where the marriage has genuinely and irretrievably broken down and both parties are firm in their decision. Where the case allows, our advocates apply for a waiver, which can reduce the whole process to a matter of a few months rather than a year or more. This is one of the most useful ways to save time — and it is part of what we do for you.
A calm, dignified mutual divorce — free to order, no advance payment
Advocates prepare the petition and the MOU, apply for a cooling-off waiver where possible, and represent you at both motions. Everything is kept private, below the market rate, with no advance payment.
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The Memorandum of Understanding (MOU) — the settlement
The MOU is the written agreement that makes a mutual divorce smooth. It records everything the couple has agreed, so nothing is left to dispute later:
- Alimony / maintenance — a lump sum or periodic amount, if any.
- Child custody and visitation — where the children live and how the other parent stays involved.
- Return of Stridhan — the wife's personal jewellery and gifts.
- Division of shared assets and any joint liabilities.
A clear, fair MOU is the single most important document in a mutual divorce, and our advocates draft it carefully so the terms hold up and both parties feel respected.
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Documents required
- Marriage proof — marriage certificate, or invitation card and photographs
- Identity and address proof of both spouses
- Proof of separation (living separately for a year)
- The MOU / settlement covering alimony, custody, Stridhan and assets
- Passport-size photographs and, where relevant, income details
Our advocates prepare the joint petition and the MOU for you and tell you exactly what your case needs — order now, free, pay as agreed.
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Alimony, maintenance and child custody
In a mutual consent divorce, there is no fixed formula — alimony (a one-time or periodic amount) and child custody are decided by agreement between the spouses and recorded in the MOU, then placed before the court. What matters is that the arrangement is fair and workable for both, and especially for any children. Our advocates help you negotiate a balanced settlement calmly, without it turning into a fight. If maintenance is a live issue, we also handle maintenance matters separately.
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Fees
The cost of a mutual consent divorce depends on the complexity, the settlement and the court work, and it is handled by advocates. We keep it below the market rate, explain everything on the call, and take no advance payment — you pay only as agreed for the work done. There is no charge to understand your options first.
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Timeline
A mutual consent divorce usually takes about 6 to 18 months. Where the family court waives the 6-month cooling-off (because the marriage has clearly broken down), it can be completed in about 2 to 6 months. Our advocates push for the fastest lawful timeline in your case.
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Mutual consent vs contested divorce
| Mutual consent | Contested | |
|---|---|---|
| Agreement | Both agree | One files, other disputes |
| Time | ~6-18 months (or 2-6 if waived) | Often several years |
| Cost & stress | Lower | Higher |
If agreement is at all possible, mutual consent is almost always the better route. Where it is not, our advocates also handle contested divorce and can send a legal notice where required.
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Where a mutual divorce is filed in Delhi
A mutual consent divorce is filed in the family court that has jurisdiction — usually based on where the couple last lived together or where the respondent resides. Delhi has family courts across its districts (including around Rohini, Tis Hazari, Saket, Karkardooma and Dwarka). Our advocates identify the correct court and handle the filing and appearances for you.
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Common mistakes (and how our advocates prevent them)
Mutual divorces get delayed for avoidable reasons: a vague or unfair MOU that one side later disputes; filing in the wrong court; not documenting the one-year separation properly; or missing the chance to apply for a cooling-off waiver. Because our advocates handle these matters regularly, they draft a clear MOU, file in the right court, and apply for a waiver where the case allows — so the process stays calm and moves as fast as the law permits. If you are considering this step, talk to us in confidence — it is free to reach out and there is no advance payment.
Related: All legal services · Contested divorce · Maintenance · Legal notice · Child custody · All FAQs
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