When Rajesh and Aditi decided to end their marriage, they wanted to end it like friends. They wanted to part ways amicably and peacefully. The best solution for them was a mutual consent divorce. A mutual consent divorce is a divorce in which both the husband and wife mutually decide to end their marriage and wish to settle the issues amicably amongst themselves. If both the husband and wife voluntarily agree for a divorce, they can together file for a mutual consent divorce petition with the help of a divorce lawyer. For example, for a couple living in Gurugram, if they want to mutually end their marriage, they can do it by filing a mutual consent divorce with the help of a divorce lawyer in Gurugram.
It is difficult to live in a toxic marriage. But divorce as easy as it sounds, is not that easy, in a country like India. It can be very challenging both emotionally and financially. In a mutual consented divorce both the husband and wife reach a settlement for issues like finances, property, child custody, etc. A contested divorce can be very cumbersome and time consuming. With thousands of cases pending in the courts, mutual consent divorce can be a quicker form as it takes approximately 6 months to one year.
Pre-conditionalities of a Mutual Consent Divorce
- The parties must be living separately for not less than a year.
- There is no possibility of reconciliation and the parties have failed to retrieve their marriage for whatsoever reason.
- The parties have voluntarily agreed without any force to a petition for dissolution of marriage.
- The petition can be withdrawn by any of the party within 6 months from filing of the petition. Though, after the end of the first 6 months but before the 18 months period expires, any party alone cannot withdraw the petition.
A divorce settlement can have a huge impact on finances, property, child custody, maintenance, asserts of the couple. It is important to plan a divorce settlement properly before going for it as it can bring a huge change in the lives of the couple. It should not be a decision taken at the heat of the moment and it should be planned properly with the help of a divorce lawyer. The new life that emanates after a divorce will have some remains of the past life. So, it is important to consider all the aspects of a divorce settlement carefully before signing it or agreeing to it. In a mutual consent divorce, it is important for both the husband a wife to reach a settlement on issues like streedhan should be returned to the wife, finances and assets should be rightfully divided, alimony/maintenance should be duly paid, child custody along with his financial and visitation rights must be decided. Agreement on sharing of litigation costs can be another issue which the couple must discuss before going for a divorce.
With the help of a lawyer, you must discuss the following aspects with your spouse before getting into a divorce settlement. These include-
Discuss your finances wisely
Financial and emotional matters must not be intermingled and must be dealt separately. Before going for a divorce, it is important to list down your finances and assets. Along with the assets, it is important to list down your liabilities and expenses. For this, it is important to know your spouse’s annual income, family’s and child’s financial expenses, value of the valuable like jewellery, antiques, etc, value of the property, financial liabilities like house rent, debts, etc. Evaluating your finances wisely will help you reach an amicable settlement.
Division of Assets
After listing down the assets, it is important to amicably divide so that none of the parties suffer after the divorce. Alimony/ maintenance must also be decided on a lump sum or a periodic basis depending upon the income and needs of both the spouses.
While deciding the rights of the child, his welfare must be kept in the mind. It is important to remember that with rights comes responsibilities. So, it is important that the physical custody, visitation rights, financial rights of the child must be wisely settled before going for a divorce.
After deciding these issues, it is important to get them documented to avoid unnecessary issues in the future. This agreement can be drafted with the help of a lawyer. It is important that all the terms and conditions must be laid down in detail and must be cross checked by both the parties. This document will avoid confusion in the near future.
It is important to break free from the clutches of a bad marriage to live happily and peacefully. A court contested divorce can add on to the emotional and financial pressure. It is important to settle all these issues so that no one is at a loss after the divorce. This will aid in starting a new life without any strain.