As it is very clear from the name itself that divorce is by consent, which is mutually agreed by and between the Husband and wife. In other simple words when husband and wife both are looking for separation/divorce it can be called divorce by “Mutual Consent”.

Mutual consent divorce is the very simple and shortest way for Divorce only requirement for the same is that the couple must be agreed upon the same terms and conditions by and between (if any). The terms and conditions are mostly involved alimony, child custody, exchange of articles, or division of property. If husband and wife have any disputes are not able to reach an amicable settlement then certainly mutual consent divorce is not the remedy. If the couple reached an amicable settlement and decides the terms and conditions of all issues/disputes (if any). Then one should always prefer mutual Consent Divorce.

It is a purely amicable settlement and decision by a spouse, wherein courts only ensure that the consent is without any coercion and undue influence. The Mutual consent divorce can be filed as per the provision available as Section 13 (B) of the Hindu Marriage Act, 1955, Section 28 of the Special Marriage Act, 1954 Section 10 A (1) of the Divorce Act, 1869 for Christian and other personal law.

The First condition towards the mutual consent divorce is to amicably settle all disputes by and between husband and wife, certainly, both can seek a consultation from a lawyer or expert for help the further course of action comes into the picture is called “procedure” to be filed the petition in court and proceeding to obtain order and decree. For simple understanding process and proceeding right from the beginning to get the order and copy is as follows.