GURGAON’S TRUSTED MUTUAL CONSENT DIVORCE LAWYERS

Gurgaon Trusted Mutual Divorce Lawyers – Guiding You through Peaceful Separation

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 (usually around 6 months), is less expensive, and far less stressful than a contested divorce, which can take several years to conclude.

At SPJ Advocates & Co., our 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.

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Why Couples Choose the Path of Mutual Divorce

  • Lower Cost and Faster Process: Fewer court hearings mean less time, lower expenses, and a faster resolution.
  • Less Emotional Stress: Since there’s no courtroom conflict, the process remains peaceful and helps both partners maintain mutual respect and dignity.
  • Control over the Outcome: Because both partners decide the terms of their divorce together, they stay in control instead of leaving key decisions to the court.
  • Better for Families: When children are involved, mutual understanding and cooperation create a positive environment for healthy co-parenting and future financial planning.
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How Key Issues Are Decided in a Mutual Consent Divorce?

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.

  • Stridhan (a woman’s jewelry or gifts) must be returned to her.
  • Joint assets such as a home, car, or deposits can be transferred or sold and shared.
  • Household items and jewelry should be listed and handed over with acknowledgment.
  • Land or flat transfers must follow stamp-duty and registration rules.
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Key Steps required for a Smooth Mutual Divorce?

Our experienced mutual divorce lawyers near Family Court, Gurgaon are here to guide you the step-by-step process usually includes:

Gather Necessary Documents:

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.

Agree on Terms:

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 Open Communication:

Polite and honest communication is essential for a mutual divorce. Clear discussions reduce misunderstandings and help both partners reach fair decisions.

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Filing Process for Mutual Divorce in Gurgaon, Haryana

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.

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Legal Basis of Mutual Consent Divorce in India

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.

  • For Hindus, Jains, Sikhs, and Buddhists: Mutual consent divorce is governed by Section 13B of the Hindu Marriage Act, 1955, which allows both spouses to jointly file for divorce when they have been living separately for at least one year and agree to end the marriage peacefully.
  • For Inter-religion Marriages: Couples married under the Special Marriage Act, 1954 can file under Section 28, which provides a similar mutual consent process applicable across all religions.
  • For Christians: The Indian Divorce Act, 1869, under Section 10A, allows mutual consent divorce for Christian couples who have lived apart for at least one year and mutually agree to dissolve their marriage.
  • For Parsis: Under Section 32B of the Parsi Marriage and Divorce Act, 1936, Parsi couples can obtain a divorce by mutual consent before a Parsi District Matrimonial Court.

In short, mutual consent divorce in India applies across religions, offering couples a peaceful and legally valid path to end their marriage through understanding and agreement.

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Why Choose SPJ Advocates & Co. for Mutual Consent Divorce?

If you’re planning to file for mutual divorce in Gurgaon or anywhere in Haryana, contact SPJ Advocates & Co. for trusted legal support and a smooth process. Our family-law team provides expert guidance at every stage — from preparing petitions to representing you in court — ensuring that your divorce is completed quickly, respectfully, and lawfully.

For a confidential consultation with Advocate Sunita Sharma, call +91-8920245815 today.

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Most Common Question/ FAQ about Contested Divorce

A mutual consent divorce means both husband and wife agree to end their marriage peacefully. You both file a joint case in family court. It’s much faster and easier than a contested divorce.
Any legally married couple that:
  • Agrees to separate,
  • Has lived separately for at least 1 year, and
  • Feels they can’t live together anymore.
You can file under:
  • Hindu Marriage Act (Section 13B) or
  • Special Marriage Act (Section 28) – for inter-faith or civil marriages.
After filing the mutual consent divorce petetion, there’s a 6-month waiting period.
But if you’ve already lived separately and everything (like alimony or custody) is settled, sometime the court can waive this waiting period.
Usually takes 6 months, depending on court schedule and how smoothly things go.

1. You and your spouse agree on all major terms (alimony, custody, property).

2. You file the First Motion — your joint petition in the family court.

3. Cooling-off period passes (or you apply to skip it).

4. You attend the Second Motion where both confirm the divorce.

5. The court passes the divorce decree and it becomes final.

Typical documents include:
  • Your marriage certificate
  • ID & address proof of both spouses
  • Wedding photos/invite
  • Proof you lived separately (~1 year)
  • Children’s details (if any)
  • Your income/asset info
  • A written settlement on alimony, custody, property.
For Gurgaon, it’s Family Court, Gurugram OR In the Family Court where:
  • The marriage took place, or
  • You last lived together, or
  • Either spouse lives now.
Yes—usually both spouses must appear for the court hearings (first & second motion). In some special situations the court may permit video appearance or power-of-attorney.

Yes. Before the second motion if either spouse decides they no longer agree, the joint petition for mutual consent cannot proceed as such. Then you might need to consider other legal options.

In a mutual consent divorce you both agree on the alimony or maintenance terms (either monthly or a lump-sum) and include this in your settlement. The court then checks if the agreement is fair and lawful.
In a mutual consent divorce you both agree on the alimony or maintenance terms (either monthly or a lump-sum) and include this in your settlement. The court then checks if the agreement is fair and lawful.
You both agree on who gets custody, how visitation works, schooling, expenses etc. You include this in your settlement and the court approves only if it’s in the child’s best interest.
Only if you both want to settle assets or liabilities. Many couples attach a property-and-asset annexure to their petition so there are no future disputes.
Yes—if jurisdiction rules are met (for example last lived together in Gurgaon or spouse resides in Haryana). Some courts allow NRIs to use power-of-attorney or video appearance if needed.
Because this is a simpler process (fewer hearings), costs are generally lower than contested divorces. Fees depend on the lawyer’s experience, how fast you settle, and your city. Always ask for a written estimate.
Often yes—the court may suggest mediation or counselling in the first motion to ensure both spouses understand what they’re doing. If you still both want divorce and meet criteria, the court proceeds.
Yes—Haryana courts can apply criteria (like long separation, full settlement, no chance of reunion) to waive the 6-month cooling period when fairness demands. It’s at the judge’s discretion.
Yes—under the Special Marriage Act §28 the mutual consent divorce path is available (just like under HMA for Hindu marriages). The same principles (cooling-off, waiver, joint petition) apply.
You can remarry after your divorce decree becomes final (that means no appeals are pending and the appeal period has expired). Check with your lawyer for the exact safe date.
Because a lawyer based in Gurgaon/Haryana knows the local court practices, judge’s expectations, and documentation style specific to Family Court, Gurugram. That means smoother filings, faster process, fewer surprises.
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