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Ravi (a)     07 February 2021

Mutual divorce - terms

Dear lawyers and experts -

for mutual divorce agreement, please provide me the list of terms and conditions that will be put on the mutual divorce papers.

thank you in advance



 4 Replies

Adv Deepak Joshi +917017821512 (Advocate)     07 February 2021

approach an advocate personally

Kevin Moses Paul   08 February 2021

Mutual Consent Divorce was brought by the India Parliament vide Amendment in the year 1976 in the Hindu Marriage Act.

Mutual Consent Divorce has brought relieve. As a mutual consent divorce lawyer, it is desirable to suggest to parties to understand the futility of long drawn litigation and thereby proceed towards mutual consent divorce.

As per law, duration/time of obtaining mutual consent divorce is six months. Although, parties have option of filing the second motion petition any time between six months and eighteen months from the date of the filing of the Mutual Consent Divorce Petition.

The couple should talk among eachother regarding their future. However, if both the spouses have got to a conclusion that their marriage isn't gonna work, then they should try to ease the troubles surrounding them and accept the fact that their marriage I broken-down.

Nobody knows a situation better than the couple itself as it would impact their children's as well.

But in case, there are involved, then the couple should decide within themselves about who is going to be having the physical custody of the child/children, duration of visitation rights and interim custody during summer and winter holidays.

However, both the parents are equally capable to compete in regard of the custody of children.

It’s the understanding between parties which prevails subject to the welfare of the minor child/children. Parties can have understanding of joint custody or shared parenting in mutual consent divorce process.

The next important and crucial aspect is the financial settlement.

There are a number of aspects related to the financial settlement that includes alimony, house, maintenance, educational expenses, higher education expenses, marriages etc.
However, sometimes emotions between spouses are running so high that logic fails.

NOW, you are ready to file petition for mutual consent divorce.Petition for mutual consent divorce can be filed at any of the following place:-

1.) Place where marriage had taken place,

2.) Place where husband and wife last resided together &

3.) Place where wife is residing at the time of filing of the Petition

SHIRISH PAWAR, 7738990900 (Advocate)     08 February 2021

Hello,

There is nothing called as mutual consent divorce agreement. You have to approach court for mutual consent divorce. Advocate on your instruction and on furnishing details will prepare and file petition before court. 

Ravi (a)     08 February 2021

Thank you for your response. I am asking what all points to be kept inthe agreement deed especially when DVC order is given.


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