Divorce by mutual consent takes effect through a court decree. A written settlement or living separately does not by itself end a marriage. The process depends on the law governing the marriage and divorce proceedings.
Section 13B of the Hindu Marriage Act sets out conditions including living separately for at least one year, being unable to live together, and agreeing to dissolve the marriage. The six-month period between the two motions may be waived in appropriate circumstances; a waiver is not automatic. A clear agreement on maintenance, children and property helps organise the process.
What should you do now?
- Identify the applicable marriage law and the Family Court with jurisdiction.
- Set out clear terms on financial payments, stridhan, arrangements for children and pending cases.
- After filing the joint petition, making statements and completing the necessary subsequent steps, obtain a copy of the decree.
Which documents should you keep?
Proof of marriage, identity and residence documents, photographs, children’s documents and the settlement.
Avoid this mistake
A promise of guaranteed divorce in seven days or one day for a fixed amount does not apply to every case.
A hypothetical example
The spouses agree to divorce but disagree about the child’s holidays and the date for payment under the settlement. Merely writing “mutual” is not enough. These terms must be made clear, and the necessary process must be completed up to the decree.
Can consent be withdrawn later?
It is important that consent continues until the decree; if consent is withdrawn, check the legal consequences.
Legal basis and useful sources
- Hindu Marriage Act, 1955 — Sections 13, 13B, 24–27
- Shilpa Sailesh v. Varun Sreenivasan — Supreme Court, 1 May 2023; discussion of Section 13B and the cooling-off period
This is general legal information. Advice may differ depending on your facts, the applicable law and state rules.