How to send a Mutual Divorce Agreement?

Table Of Content

• What is Mutual Divorce?
• What are the rules of Mutual Divorce in India?
• Can a Mutual Divorce Agreement be made online?
• What should be mentioned in the Mutual Agreement?
• Under Which Circumstances Court May Reject a Mutual Divorce Petition?
• Can a Wife claim Alimony in Mutual Divorce?
• Can a court reject Mutual Divorce?
• Is alimony mandatory in mutual divorce?
• Conclusion

Mutual divorce in India is an amicable end of a marriage which is agreed by both spouses. This process is less hostile and quicker compared to other divorces that are disputed leading to low costs normally incurred. It requires the consent of both parties, a certain time apart from each other, and the filing of joint petitions at a particular court as per the Hindu Marriage Act 1955, the Special Marriage Act 1954. Although online platforms like eDrafter help create Mutual Agreements, these agreements must be extensive enough to include issues such as the division of property, child custody, maintenance (where appropriate), and other important terms. Neither alimony required nor court imposed.

What is Mutual Divorce?

When both parties agree to end their marriage mutually and peacefully, in that case, they can file for Mutual Divorce. This process is quicker, less negative, and usually involves less expenditure. Parties opting for Mutual Divorce should in prior discuss the terms and conditions.

What are the Rules of Mutual Divorce in India?

There are several divorce rules made by the government for different types of divorce in India. “Mutual Divorce” is one of them that is governed under the Hindu Marriage Act, 1955 & The Special Marriage Act, 1954 for those marriages registered under this Act. The following are the broad guidelines and conditions for getting a mutual divorce in India:-

1. Agreement to Divorce: Both the husband and wife are willing to divorce. The consent must be free from any sort of coercion or undue influence.
2. Separation Period: Two of the conditions under this category are that the couple must have separated for a certain amount of time (as required by law). The first period is generally one year but may be longer.
3. Petition for Divorce: Both parties file a joint petition for divorce at the district court or family court where the parties last resided together or where the marriage was solemnized.
4. Mutual Consent: There must be a common statement of consent between the clients as part of the petition, announcing that they both agree to end the marriage for reasons such as irreparable differences and that they have not been residing together for a certain time.
5. Court Required Counselling: Commonly the court may suggest optional counseling to stop divorce with an enticing reconciliation – Nonetheless, the negotiation is totally afterward as well as nothing will certainly be able to impact the court’s decree prior the start of the statement of dissolution.
6. Court Appearance: No one can settle his/her case or send their lawyer to the hearing, both parties have to appear with the court and declare their willingness to divorce during the hearings.
7. A Settlement Agreement: A couple may also be able to prepare and file an agreement under which they have agreed to resolve common issues such as custody and visitation of the children, support, and division of property.

Can a Mutual Divorce Agreement be made online?

A document of Mutual Divorce Agreements can be prepared online via legal providers and websites. They come equipped with templates and guides to walk couples through things like asset division, custody, alimony, and the relevant terms being agreed upon. Importantly, the service you use is a company that adheres to the legal standards of marriage in India. Once the mutual divorce agreement has been drafted online; it needs to be printed out, signed by both spouses, and submitted along with a mutual divorce petition to the competent court for approval. We recommend that you check that it is valid and complies with all the requirements for mutual divorce (in the case your divorce is mutual, legally). Consult a lawyer to see which clauses can make your divorce agreement null and void and protect both parties.

How to Create Mutual Agreement Online?

Creating Mutual Agreement online via eDrafter and other platforms is generally fast:

1. Contact the Platform: You can either visit eDrafter’s website to sign up for our “custom drafting” service from the menu section. Then fill out the form to book your appointment with the advocate.
2. Advocate Consultation: An attorney specializing in family law from eDrafter will get in touch with the couple. They will go over your circumstances, collect necessary information, and find out what you want the agreement to include by providing legal advice.
3. Drafting the Agreement: Using the consultation, the Advocate creates a document called the Mutual Agreement which incorporates matters of essence such as division of assets, child custody arrangements, and alimony (if applicable) among others that were agreed upon.
4. Review and Approval: The draft agreement shall be reviewed by both parties for accuracy and mutual consent. Any changes made at this time are to reflect agreements entered into.
5. Final Document Preparation: After revision and approval, eDrafter will finalize it for you. They would usually give you the final agreement that must be signed by both parties in a hard copy format which is printable.
6.  Court Submission: You’ll be taught by eDrafter on how to sign the filed agreement along with the Petition in Appropriate Court.
7. Legal Support: Throughout the process, the advocate from eDrafter will offer legal guidance.

Under Which Circumstances Court May Reject a Mutual Divorce Petition?

The court has the right to reject a mutual divorce petition in specific situations, including:

• Failure to Meet Legal Requirements: If the petition doesn’t satisfy legal criteria under the Hindu Marriage Act or Special Marriage Act, it may be rejected by the court.
• Unfair Agreement: If the court finds the agreement unbalanced or lacking in essential terms like child custody or property division, the petition may be dismissed.
• Lack of Genuine Consent: If any of the party’s consent is suspected to be under coercion or undue influence, the court can reject the application.
• Non-appearance in Court: Both parties must be present in court to confirm their consent. Absence without valid reasons can lead to application dismissal.
• Children’s Interests Not Addressed: The court may deny the petition if child custody and support terms are deemed insufficient to protect the child’s welfare.

What should be mentioned in the Mutual Agreement?

When dividing and distributing property, the comprehension of how it will be separated is significant. In addition to this, the document must also include details about the people who are involved in the separation, their full names, addresses and any other information that can help in their identification. Legal grounds for divorce must be stated clearly as provided by law.

Therefore, these assets should be divided and this should include: managing joint assets and liabilities; commercial and residential real estate properties; investments such as stocks, bonds or mutual funds; personal belongings like jewelry, clothing accessories etc. The agreement must also set out child support arrangements, including provisions for visitation rights by non-custodial parents.

Besides that child support payments have to be sufficiently defined as well as the process of payment for all types of alimony or spousal maintenance. They have to spell out health insurance coverage after divorce for ex-spouses and kids. The mediation or arbitration mechanisms ought to be included in this pact alongside other things that may come up during a dispute like confidentiality clauses or shared responsibilities.

Lastly; both parties and the witness sign the Mutual Agreement as required by law to ensure its validity and lawfulness. Consulting with a practicing family lawyer is important  to navigate the complexities of the case and to ensure that the agreement meets all the requirements and standards. The divorce Agreement should protect the interest of both the parties involved in the divorce procedure.

Can a Wife claim Alimony in Mutual Divorce?

Yes, in mutual Divorce in India, the Wife can Claim Alimony or maintenance from the husband. Both the Parties must agree to the terms of the Divorce and on the decided Alimony. Negotiation meetings can be done to discuss the amount of alimony, it depends upon several factors that include the duration of the marriage, the financial status of both parties, and the standard of living during the marriage.

The amount of alimony should be fair and reasonable for both the parties and in the financial capacity of the husband or the wife to pay it. That mutual Agreement should be approved by the court to ensure the adequate amount. 

These Agreements can be modified and terminated based on changed circumstances such as remarriage or any significant changes in the situations of the parties.

Can a Court reject Mutual Divorce?

Indeed, under certain circumstances, a court can refuse to grant a Mutual Divorce petition in India. Nevertheless, there are several reasons why the court may deny such petition:

1. Failure to Fulfill Legal Requirements: If the petition does not fulfill all the legal requirements of either the Hindu Marriage Act, 1955, or the Special Marriage Act, 1954 (depending on the marriage type), it may be rejected by the court. This includes grounds for divorce, period of separation and proper documentation as well.
2. Inadequate Agreement: The mutual divorce may be dismissed by the court if it finds that there is no fairness in the agreement between parties or if it does not properly cater for some key issues such as child custody, alimony or division of assets.
3. Lack of Consent: In case where any one party’s consent is found not genuine by the court or its authenticity was procured through duress, coercion, undue influence etc., then this will result in rejection of mutual divorce application by a judge.
4. Non-Appearance: Both parties must appear before the court and confirm their consent during hearings. If either party fails to show up without valid reasons, then this could lead to the dismissal of such an appeal.
5. Children’s Interests: Also when child custody arrangements fall below children’s best interests regarding visitation rights or maintenance orders can cause this outcome from a court.

Is Alimony mandatory in Mutual Divorce?

No, alimony is not mandatory in a Mutual Divorce in India. Alimony, also known as maintenance, is the financial support given by one spouse to the other after divorce to ensure their financial well-being. In a Mutual Divorce, the terms of alimony are decided by mutual agreement between the parties at the time of Divorce.

Conclusion

Mutual Divorce in India provides partners with a seamless way of terminating their marriages when they mutually decide to part ways amicably. Dictated by the Hindu Marriage Act 1955 and The Special Marriage Act 1954 it necessitates mutual agreement, mandatory separation time-span as well as filing for a joint petition in appropriate courts (para1). For instance, eDrafter facilitates drawing up fool-proof Mutual Agreement covering matters like sharing out properties upon divorce or separation between couples with children who also want child custody arrangements drawn up by lawyers, these agreements have to fully address all concerns such as assets split among ex‐spouses and guardianship order regarding minors conceived within wedlock while married but presently divorced. Alimony is optional since its determination lies on mutual understanding.