Mutual consent divorce is a form of legal separation, where the couple peacefully agrees to dissolve their marriage which they both believe cannot be continued. The couple mutually agrees that their marriage was consensual and so is the divorce. The Hindu act 1955 legalizes the mutual consent divorce, if all the required conditions are fulfilled and the couple has already decided upon matters like alimony and the custody, if they have any children.

The couple can file a mutual consent divorce under the provisions of the Hindu act 1955 section 13B, the court can grant the divorce if it feels that all the conditions are met and the marriage has no future.

The provisions are as follows:

• The couple are not on good terms to be able to live under the same roof
• Both the spouses have been living separately for more than one year
• They have both mutually agreed to dissolve the marriage.
• They have already decided upon the matters like: - child custody; maintenance allowance; alimony.

  Steps to Follow for Mutual Consent Divorce

  The couple seeking a mutual consent divorce can follow the steps stated below and can get one from the court:

• First of all the couple can go to a court, they can go to the family court or to the district court in the locality they both lived together or the locality of their matrimonial home, to file the petition.
• The couple can hire a mutual consent lawyer, which would approximately cost ?25,000 to ?75,000. If they choose to file a petition on their own, then it can be relatively cheap.
• The couple in order to file a petition must be living separately for more than a year. The couple need to file a statement.
• In the case of absence of any party to present their statements then any family member can present the statement on the behalf of the parties through the lawyer or the councillor.
• This is known as the first motion after which the court is adjourned for 6 months. This period of adjournment is generally known as the cooling period. It is given by the court so that the couple can rethink the matter and if any one of them wishes to withdraw the petition can do so stating their unwillingness to the court for the mutual consent divorce.
• This cooling off period is given by the court, to prevent any hasty decision made by the couple on a whim or in the moment of anger. If the court feels that there are chances of no reconciliation then it can drop the cooling off period. This completely depends upon the discretion of the court.
• The couple is required to agree upon matters like maintenance issues, child custody and alimony. In case of alimony there is no such requirement of a fixed amount to be given, the allowance can be given on a monthly or annually basis. It can be given by the husband to the wife or by the wife to the husband as the case maybe.
• The custody of the child/children is decided upon the basis of the interest of the child. Now a day’s joint custody is a good option. Here the legal custody lies with both the parents only the physical custody is given to one of the two.
• After the cooling period the second motion takes place. Both the parties need to appear in the front of the court and record their statements once again.  After which the final hearing.
• The court after hearing the statements, gives the final decree. If the court is satisfied with the statements and is assured that both the parties have consented to the divorce it approves the petition.