A petition for a ‘mutual consent divorce’ can be filed if you and your spouse are facing difficulties and have decided to part your ways legally. The same is recommended to be filed by an expert lawyer so as to ensure no legal hassle in the future but there is no bar on filing by yourself, i.e. Party In Person.
The first step is to create an agreement or MoU (memorandum of understanding) between the husband and wife. This agreement will have everything decided between the parties as parting ways in the future. Most important things are division of personal items (read jewelry), movable assets like FDs, Bank Accounts, Car etc, immovable assets like land, apartments etc.
If the couple has child/children, the care & maintenance of them takes precedence over all other division of assets.
Items needed are:
2 passport size photos for each party
Marriage Photograph
Marriage Card
Address Proof
ID proof
You can take a format from the Delhi High Court website or here.
File the petition in the court of competent jurisdiction, in this case it can be :
- Where the Husband and Wife last resided
2. Where the marriage took place
3. Where the Wife is currently residing
You may contact us for any assistance in filing your mutual consent divorce