The Complete Guide to Mutual Consent Divorce in Delhi: Process, Timeline, and Requirements

Divorce by mutual consent is one of the most peaceful and legally streamlined ways for a couple to dissolve their marriage. Under Section 13B of the Hindu Marriage Act, 1955, mutual consent divorce allows both spouses to end their marriage amicably, without prolonged litigation or emotional stress.

At Chamber for Justice, we guide clients through every stage of the mutual consent divorce process in Delhi, ensuring clarity, confidentiality, and legal precision.

What Is Mutual Consent Divorce?

A mutual consent divorce is granted when both husband and wife agree that their marriage has irretrievably broken down and jointly seek dissolution. It is based on cooperation rather than contest, making it faster and less stressful compared to contested divorce cases.

Legal Requirements for Mutual Consent Divorce in Delhi

To file for mutual consent divorce, the following conditions must be fulfilled:

The husband and wife must have been living separately for at least one year

Both parties must mutually agree that they cannot live together

There must be free consent, without coercion or pressure

Settlement of issues such as:

Alimony / maintenance

Child custody (if applicable)

Property or asset division (if any)

Step-by-Step Process of Mutual Consent Divorce

1. Filing the First Motion

Both parties jointly file a divorce petition before the Family Court in Delhi, stating their intent to dissolve the marriage by mutual consent.

2. Recording of Statements

The court records statements of both spouses confirming their consent and terms of settlement.

3. Cooling-Off Period

A statutory six-month cooling-off period is provided to allow reconciliation.

In genuine cases, this period may be waived by the court.

4. Second Motion

After the cooling-off period, both parties appear again and confirm their decision to proceed with divorce.

5. Final Divorce Decree

If the court is satisfied, a final decree of divorce is granted, legally dissolving the marriage.

Timeline for Mutual Consent Divorce in Delhi

Minimum Time: 6–8 months

With Waiver of Cooling Period: As fast as 2–3 months, depending on court discretion

Factors Affecting Timeline:

Completeness of documents

Mutual settlement clarity

Court workload

Documents Required

Marriage certificate

Address proof of both parties

Photographs

Income proof (if maintenance involved)

Details of settlement agreement

Affidavits and joint petition

Why Choose Chamber for Justice?

✔️ 30+ years of litigation experience

✔️ Expertise in family and matrimonial law

✔️ Ethical, confidential, and client-focused approach

✔️ Assistance across Delhi Courts & High Courts

✔️ Clear legal guidance without unnecessary delays

Our team ensures that your mutual consent divorce is handled smoothly, respectfully, and lawfully.

The Complete Guide to Mutual Consent Divorce in Delhi: Process, Timeline, and Requirements

Divorce by mutual consent is one of the most peaceful and legally streamlined ways for a couple to dissolve their marriage. Under Section 13B of the Hindu Marriage Act, 1955, mutual consent divorce allows both spouses to end their marriage amicably, without prolonged litigation or emotional stress.

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