How does mutual consent divorce work, and can the six month waiting period be waived?

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For couples considering a mutual consent divorce. Explains the procedure, timelines and when the six month waiting period can be waived.

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Description

You and your spouse have agreed to separate and want a mutual consent divorce, but are worried about the waiting period and the steps involved. Under the Hindu Marriage Act, 1955, the law prescribes a separation period and a gap between two court motions, but the Supreme Court has allowed this gap to be waived in suitable cases. This answer explains the procedure, the conditions for waiver, the settlement terms to agree in advance and how long the process can take.

What the answer covers

  • Conditions for filing a mutual consent divorce
  • The two motions and the time gap between them
  • When the six month waiting period can be waived and how to apply
  • What happens if one spouse withdraws consent
  • Settlement terms to agree before filing
  • Which court to file in and documents needed

General legal information, not legal advice. Instant PDF after payment.

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