Description
End the marriage cleanly, and protect the settlement
Divorce by mutual consent is quick and dignified only when the paperwork and the settlement are right. Most delays and disputes come from a vague settlement, a missed time limit or a spouse withdrawing consent after receiving money. This kit explains the law in plain language and gives you formats that close those gaps.
What is inside
- Which law applies: section 13B of the Hindu Marriage Act, 1955 or section 28 of the Special Marriage Act, 1954, with a side by side table.
- The three statutory conditions, the meaning of living separately, and the one year bars under section 14 HMA and section 29 SMA.
- First motion, second motion and the six to eighteen month window, with a process table showing typical timeframes.
- Waiver of the six month period: Amardeep Singh v. Harveen Kaur (2017), Amit Kumar v. Suman Beniwal (2021) and the Constitution Bench in Shilpa Sailesh v. Varun Sreenivasan (2023) on Article 142.
- Withdrawal of consent before the decree, and the Supreme Court’s April 2026 ruling that a signed mediated settlement cannot be abandoned without a lawful ground.
- Which court to file in under section 19 HMA and section 31 SMA, how Family Courts work, and 2026 High Court rulings on jurisdiction.
- Settlement terms: permanent alimony, stridhan, child custody and maintenance, withdrawal of cases and quashing of FIRs, property, loans and accounts.
- The Rajnesh v. Neha disclosure affidavit, mediation, appearance by video conferencing, and tax and stamp duty in general terms.
- Short pointers for Christian, Muslim and Parsi couples, common mistakes, a checklist and documents list.
- Formats: joint petition under section 13B(1) HMA, joint petition under section 28 SMA, supporting affidavits, waiver application, second motion with model statement on oath, comprehensive memorandum of settlement with schedules, short affidavit of assets and liabilities, custody and visitation schedule, joint application for quashing of FIR under section 528 BNSS with the complainant’s affidavit, and application for video conferencing or exemption.
Up to date
Reflects the law as on 18 October 2026, including the Bharatiya Nagarik Suraksha Sanhita and Bharatiya Nyaya Sanhita, the Supreme Court judgment of 13 April 2026 on mediated settlements, and September 2026 High Court rulings on where to file.
Format and delivery
- Editable Word file (.docx) and a 33 page PDF.
- Instant download from My account after payment. Download links stay valid for one year, up to 10 downloads.
- Free updates within that year if the law changes.
Who it is for
Couples who have agreed to separate and want to understand the process before meeting a lawyer, young advocates handling their first mutual consent matters, and law students learning family law drafting.
Model formats and general guidance only. Not legal advice. Licensed for the buyer’s personal use; sharing or resale is not permitted.
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