A clear joint decision
Discuss whether both spouses understand the proposed steps and have had an opportunity to ask questions before signing papers.
Delhi Divorce Lawyers · Family Law
Mutual Consent Divorce
Understand eligibility, settlement terms, documents and the court process when both spouses agree to end their marriage.
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An agreed approach to separation
What Is Mutual Consent Divorce?
Mutual Consent Divorce is a legal route for spouses who jointly seek to dissolve their marriage. Under Section 13B of the Hindu Marriage Act, 1955, both parties petition together, stating that they cannot live together and have agreed to end the marriage.
The provisions below concern the Hindu Marriage Act. Ask which marriage law governs your case before relying on its requirements.
A carefully recorded settlement
Prepare a clear list of agreed terms and unresolved questions so your advocate can review them together.
Eligibility and Waiting Periods
Ordinary statutory requirements
Section 13B(1) ordinarily requires living separately for at least one year, inability to live together and mutual agreement to dissolve the marriage.
Second motion
The statute ordinarily places the second motion between six and eighteen months after the joint petition, subject to applicable waiver principles.
Six-month waiver: In Amardeep Singh v. Harveen Kaur, the Supreme Court recognised that the six-month period can be waived in suitable cases. It is a discretionary decision, not an automatic benefit.
Delhi-specific position: In Shiksha Kumari v. Santosh Kumar (17 December 2025), the Delhi High Court Full Bench held that the one-year separation period may also be waived by applying the proviso to Section 14(1), in qualifying exceptional-hardship or exceptional-depravity cases. The one-year and six-month waivers require separate consideration. Ask your advocate whether either applies.
Plan the next steps
The Court Process
Review and joint petition
Review the governing law, jurisdiction and settlement terms. Prepare the joint petition and supporting documents for the first motion.
Timing and any waiver request
Ask about the applicable interval, whether a waiver application is appropriate and what supporting material is needed.
Second motion and decree
Both parties move the court for the next stage. Divorce takes effect through the court’s decree, not merely through signing a settlement.
Prepare Your Settlement Discussion
Use these topics to organise your questions. The terms required will depend on your circumstances.
Financial arrangements
List proposed maintenance or alimony terms, payment dates and the documents needed to confirm any agreed transactions.
Children and parenting
Prepare questions about parenting schedules, education, healthcare, contact and expenses where children are involved.
Belongings and property
Record proposed arrangements for streedhan, personal belongings and any property issues requiring separate documentation.
Existing proceedings
List pending cases and ask what separate applications, permissions or orders may be needed. A settlement does not itself close every proceeding.
Documents to Keep Ready
This consultation checklist should be confirmed for your particular court and case.
- Marriage certificate or available marriage records.
- Identity and address documents for both spouses.
- Marriage and separation dates.
- Draft or signed settlement terms, if available.
- Relevant financial and child-related records.
- Papers from existing cases and previous orders.
Fees and scheduling
Ask for a written scope of work and fee estimate. Confirm the expected next steps and whether personal attendance is required at a particular hearing.
No fixed completion date or guaranteed waiver is offered on this page.
Frequently Asked Questions
Is a signed agreement enough to obtain divorce?
No. A settlement records terms; the marriage is dissolved by a court decree through the applicable legal process.
Can the six-month waiting period be waived?
It may be waived in appropriate cases under the principles recognised in Amardeep Singh v. Harveen Kaur. The court considers the application on its merits.
Can a petition be considered before one year of separation in Delhi?
The Delhi High Court Full Bench has recognised an exceptional waiver route through Section 14(1). It is not available merely because both spouses request it; the qualifying circumstances must be established.
What if one spouse no longer agrees?
A change in consent can affect the joint process. Seek advice promptly about the status of the petition and the available options rather than assuming the divorce will proceed automatically.
What should I send with my first enquiry?
Start with a brief outline, the relevant dates, whether terms have been agreed and details of pending proceedings. Ask how to share the necessary documents securely.
Related Reading & Legal Sources
Explore Delhi Divorce Lawyers, our family law blog and articles on Shonee Kapoor’s website.
Legal sources: Hindu Marriage Act, Section 13B; Amardeep Singh v. Harveen Kaur; and Shiksha Kumari v. Santosh Kumar.
Discuss Your Mutual Divorce Matter
Contact Delhi Divorce Lawyers to discuss your documents, proposed settlement and next steps.
