Legal Consultation For Contested Divorce from Expert Lawyers in India
In case of mutual consent divorce, you should take to your spouse on the future of your relationship and if you conclude that the marriage is indeed not working then under 13-B of the Hindu Marriage Act, 1955, you both can seek divorce in a peaceful way. You must show that for one year you both are living separately. The divorce petition must be in the form of an affidavit which needs to be submitted to the family court. Our advocate will help from the very start of the process and get you rid of the distressing situation in less than the predicted time.
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How it Works
- Our Lawtendo Partner lawyers will help you mutually file a divorce settlement
- You must ensure that you have lived separately for a year before filing.Joint Statement and Affidavits will be required from both parties.
- File First Motion and Second Motion (after 6 months)
- There must be a clear agreement between parties on custody of children, return of ‘sthreedhan’, property, alimony, etc. – drafted perfectly and unambiguously by efficient lawyers.
- Our partner lawyers will guide you in each and every step along the way.
- Meet with your Lawtendo Partner lawyers
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FAQ
If each the parties i.e. the Husband and married person ar prepared, and therefore the documents ar prepared then the petition are often preapred in an exceedingly} day and therefore the same are often filed on the very next day ... Subject to the provision of each the parties and therefore the leader at the tribunal.
After the expiration of 1 year they will file a petition for mutual divorce before the territorial tribunal. however they have to say within the petition that they were separated one another one year previous or otherwise it'll be tough to get the decree.
Under Muslim Law, there square measure 2 sorts of mutual consent divorce, namely: Khula and Mubarat.In each these forms, the partner agrees to half or dropping of her dower or a vicinity of another property.As per Muslim Law in a very case of mutual consent divorce, the partner has to pay some compensation for dissolving the marital union.
Under Section 13B of Hindu Marriage Act, 1955, all marriages solemnized before or after Marriage Laws (Amendment) Act 1976 can be annulled before the court if both the parties consent to divorce mutually with free will and consent. Prior to filing of the petition, both the parties should come to terms and conditions regarding alimony, maintenance, child’s custody right and education and other ancillary matters. Mutual Divorce serves to be the quickest relief for a failing marriage.
Both the parties on agreeing to certain terms and conditions mutually can file the petition in Family Court of the concerned jurisdiction. Parties can file their case either at the place of their marriage or place of their current residence mentioned on ID proofs going to be attached along with the petition. The petition is filed along with affidavit declaring the contents to be true and memorandum of understanding between the parties regarding child, maintenance, property/estate or other ancillary matters.
Mutual Divorce can only be filed after a separation of one year post marriage owing to any reason whatsoever unless the separation is challenged itself which rarely is a case in mutual divorce as parties have agreed to get separated mutually. No divorce case- mutual or consented will be accepted by the court before the completion of 1 year of marriage.