Frequently Asked Questions
What is Mutual Consent Divorce?
Mutual consent divorce is a peaceful legal process where both husband and wife jointly decide to end the marriage and mutually agree on all separation terms such as custody, alimony, and division of belongings.
Do both spouses need to agree?
Yes. Mutual consent divorce is possible only when both spouses voluntarily agree to dissolve the marriage and its terms.
Does the court decide alimony, custody, or settlement terms?
No. In mutual divorce, the husband and wife themselves decide all terms. The court’s role is limited to recording statements and granting the decree after verifying free consent.
Is counselling required before filing for divorce?
Counselling is not legally mandatory, but strongly encouraged.
Many couples resolve misunderstandings through counselling and avoid divorce.
I always advise reconciliation efforts before considering legal separation.
What is the minimum separation period required?
Spouses must live separately for at least one year before filing for mutual consent divorce.
What does “living separately” mean for mutual consent divorce?
“Living separately” does not mean living in different houses.
It means not living as husband and wife, even if both spouses are under the same roof due to practical or financial circumstances.
Can a couple be considered ‘living separately’ while staying in the same house?
Yes.
If the spouses no longer share a marital relationship — no emotional, social, or physical cohabitation — they are legally considered to be living separately even in the same home.
How do courts view the concept of living separately?
Courts focus on intention, behaviour, and relationship, not physical location.
If the spouses have stopped all marital relations and have no desire to continue the marriage, they are considered separated.
Can one spouse withdraw consent later?
Yes. Until the Second Motion statements are recorded, either spouse may withdraw consent. If that happens, mutual divorce cannot be granted.
Should divorce be the first option?
Not at all.
Counselling, communication, and family support often help save marriages.
Mutual divorce is considered only when the relationship has truly broken down and both spouses make an informed, peaceful decision.
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