If you and your spouse have decided to end your marriage and are agree on key matters such as property division, child custody, Alimony, maintenance, and financial support, a mutual consent divorce offers a respectful and practical way to separate without unnecessary court battles, delays, or emotional stress. It is often the most sensible and efficient way to move forward.
Many clients who come to us have already made genuine efforts to save their marriage. However, in some cases, despite those efforts, the marriage cannot continue. In such cases, the priority should be to end the marriage amicably, without fighting or blaming each other.
For over 15+ years, SPJ Advocates & Co., experienced Mutual divorce lawyers in Gurgaon assist couples at every stage of the mutual-divorce process — from preparing the joint petition and documentation to court representation and final decree. We focus on making the process smooth, confidential, and dignified, helping clients move forward in life with clarity and peace of mind.
When both husband and wife decide to separate peacefully and mutually agree on major issues such as property division, child custody, alimony, and maintenance, they can choose a mutual consent divorce. It is the easiest and most peaceful way to separate because there is no courtroom fight. The mutual consent divorce process saves time, less expensive, and less stressful than a contested divorce, which can take several years to conclude.
1. Compulsory Waiting Period: Indian the law requires a compulsory six-month waiting period after file a joint divorce petition. This time is given to allow both parties to reconsider their divorce decision. However, if both parties stand firm by their decision even after six months, the court proceeds to grant the divorce.
2. Settlement on all key Issues: Both partners must fully agree on finance division, Alimony or Maintenance and child custody matters. Even a single issue remains unresolved, mutual consent divorce is not possible.
3. Divorce Granted: After the successful completion of the waiting period and resolution of all key issues, the court grants the divorce and issues the final divorce decree.
Our experienced mutual divorce lawyers near the Family Court, Gurugram guide you through every step. The usual process includes:
1. Drafting the divorce petition with agreed terms on property, custody, alimony, and maintenance.
2. Filing the petition before the Family Court in Gurugram.
3. First Motion Hearing: Both spouses appear in court to confirm their consent.
4. Cooling-Off Period: The court grants about six months for both to reconsider their decision (this period can sometimes be reduced).
5. Second Motion & Final Hearing: After this period, both appear again to confirm separation.
6. Final Decree: The court approves the settlement and issues a divorce decree.
Alimony & Maintenance Both spouses agree on how one will support the other financially after divorce. This may be a one-time lump-sum alimony or monthly maintenance with a small yearly increase for inflation. All terms are written in the settlement agreement and approved by the family court after verifying that the terms are reasonable and agreed by both parties.
Child Custody & Support
Parents jointly decide where the child will live, how often the other parent can visit, and who will cover expenses of schooling and daily needs. These details are documented in a Parenting Plan, which the court approves only if it serves the child’s best interest.
If circumstances change — such as relocation, health issues, or financial shifts — the court can modify custody or support orders to protect the child’s welfare.
Property & Asset Division Property in India is not automatically divided on 50-50 basis. Couples decide the division based on ownership and contribution, and the court records their agreement.
If you are planning to file a mutual consent divorce, consulting with mutual divorce lawyer in Gurgaon at the earliest stage can prevent delays, disputes, and procedural errors. Before filing the petition in the Family Court, some legal and practical preparations are required to ensure a smooth and efficient process.
Get Your Paperwork Ready Before filing for mutual divorce, collect all required financial and personal documents such as your marriage certificate, identity proofs, address proof, property papers, bank statements, salary slips, income proof, and tax returns. Having these ready speeds up negotiations and ensures that nothing is missed in the final agreement.
Agreement on Core Divorce Issues Both husband and wife must clearly agree on important issues such as property division, alimony, maintenance, child custody, and parenting time. Written communication and willingness to compromise help avoid future disputes.
Maintain honest and Respectful Communication Polite and honest communication is essential for a mutual divorce. Clear discussions reduce misunderstandings and help both partners reach fair decisions.
The process of Mutual consent divorce in India depends on their religion or the type of marriage they had. Different laws apply to different communities, and each law has its own procedure for getting a divorce by mutual agreement.
