Mutual Consent Divorce: Timeline and What to Expect

Mutual consent divorce is the most efficient path when both spouses agree to part. Under Section 13B of the Hindu Marriage Act, the process can be completed in six to eighteen months — substantially faster than a contested petition that can take years.

Statutory requirements

• Parties must have lived separately for at least one year

• They must agree that the marriage has broken down irretrievably

• Both must voluntarily consent — without coercion or fraud

• Agreement on maintenance, child custody, and property division

The two-motion procedure

1. First motion: joint petition filed; court records statements of both parties

2. Cooling-off period of six months follows (may be waived in appropriate cases)

3. Second motion: parties reaffirm consent before the court

4. Decree of divorce passed

Waiver of the cooling-off period

The Supreme Court in Amardeep Singh v. Harveen Kaur (2017) held that the six-month period under Section 13B(2) is not mandatory and can be waived by the court if it's satisfied the marriage has irretrievably broken down and reconciliation is not possible.

What the settlement deed should cover

• Permanent alimony / maintenance — lump sum or monthly

• Child custody, visitation rights, and education-related responsibilities

• Division of jointly-held assets — bank accounts, property, investments

• Withdrawal of any pending litigation between the parties

• Waiver of future claims

A well-drafted settlement deed prevents post-divorce disputes more effectively than the decree itself.