FAMILY LAW · DELHI FAMILY COURTS

Divorce by mutual consent — filed and finalised in Delhi

Where both spouses agree to separate, a mutual consent divorce under Section 13-B of the Hindu Marriage Act (or the equivalent under the Special Marriage Act) is the fastest, least adversarial route through Delhi's family courts.

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OVERVIEW

Divorce by Mutual Consent

A mutual consent divorce is available once a couple has lived separately for at least one year and both agree the marriage has irretrievably broken down, with no possibility of reconciliation. It's filed jointly, which generally makes it faster and less expensive than a contested divorce.

The process runs in two stages before the family court: a first motion where the joint petition is filed and statements are recorded, followed by a mandatory cooling-off period (which the Supreme Court has held courts may waive in appropriate cases), then a second motion confirming consent still stands before the decree is granted.

We draft the settlement agreement covering alimony, custody and property division alongside the petition itself, since disputes at this stage are usually about the terms, not the fact of separating.

PROCESS

What to expect, step by step

Settlement drafting

We draft the mutual settlement agreement covering maintenance, custody/visitation of children and division of property.

First motion petition

A joint petition is filed before the family court and statements of both parties are recorded on oath.

Cooling-off period

A statutory period (typically 6 months, waivable in appropriate cases) before the second motion can be filed.

Second motion & decree

Both parties reaffirm consent before the court, and the judge — satisfied the terms are fair — grants the decree of divorce.

Documents & information we'll need

Marriage certificate and proof of the date/place of marriage.
Proof of address for both spouses (Aadhaar, passport or utility bill).
Details of children from the marriage, if any, and proposed custody arrangement.
Details of assets, income and any agreed maintenance or settlement amount.
Passport-size photographs of both parties.

FAQ

Divorce by Mutual Consent — common questions

How long does a mutual consent divorce take in Delhi?+

Typically 6–8 months where the statutory cooling-off period applies; it can be shorter where the court agrees to waive the cooling-off period given the specific facts.

Do both spouses need to appear in court?+

Yes, both parties are generally required to appear for recording statements at both the first and second motion, though courts have allowed video appearance in some circumstances.

Can the cooling-off period be waived?+

Courts can waive the period where they're satisfied all efforts at reconciliation have failed and the parties have genuinely settled all disputes, following the Supreme Court's guidance in Amardeep Singh v. Harveen Kaur.

What happens if one spouse withdraws consent before the second motion?+

Either party can withdraw consent any time before the decree is passed, since consent must be present at both motions — the petition then cannot proceed as a mutual consent divorce.

Ready to move forward with your divorce by mutual consent?

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