Legal Guide

What is Uncontested Divorce or Divorce by Mutual Consent?

by Bhavya Choudhary · 3 min read

uncontested divorce

Introduction 

Marriage can be dissolved legally through the process called divorce. It can be initiated by one party or both parties by arriving at a mutual decision before filing for an uncontested divorce. 

As per law, a divorce based on mutual terms is the simplest and easiest way to get separated legally. The parties agree on each other’s terms and conditions to take legal action on this matter and finalize it. It helps in minimizing the extra time, effort, and money that is way less than a contested divorce. 

What is an Uncontested Divorce?

  • When two people bonded by Marriage decide on separation through mutual consent, it is known as uncontested marriage or divorce by mutual decision. 
  • It is regulated by Section 13 B Hindu marriage Act 1955 where there are certain provisions specified for such divorce proceedings. 
  • The parties have to completely abide by the requirements and fulfill the conditions required for filing an uncontested divorce in India.
  • According to numerous surveys carried out in different parts of India, it has been found that uncontested divorce is the easiest and hassle-free process of getting a divorce legally. 
  • There are other methods also available that couples can use, but they tend to be much more complicated and expensive which takes extra effort and time.
  • As per the recent Family laws of India, the couple should approach an appropriate court of law and get their marriage annulled provided that the Marriage before and after the amended Marriage Laws Act, 1976 is being canceled by mutual consent of both parties or uncontested divorce.

Requirements for filing a petition for an uncontested divorce 

There are some requirements that the parties must follow to obtain an uncontested divorce petition. These are as follows: 

  • The parties have lived separately for almost a year or more.
  • The parties are unable to live together even after trying to be reasonable. 
  • There is no reconciliation possible in their marriage by any adjustment. 
  • The parties are providing their mutual decision to the dissolution of the marriage between the two through an uncontested divorce.
  • They are agreeing with each other’s opinions on uncontested divorce/mutual divorce. 

Benefits of Uncontested Divorce 

  • Any reasons for unexpected and unnecessary altercations are removed and minimized.
  • The process of filing an uncontested divorce helps in saving a considerable amount of effort and time spent.
  • There are fewer complications and paperwork involved.
  • The monetary issues are limited, and not much is spent.
  • The fastest way to avoid mistakes and legal implications are to opt for an uncontested divorce with the help of a divorce lawyer.

Procedure for Uncontested Divorce

Any kind of uncontested divorce proceedings is done by approaching the court of law a few times.

  • The parties are required to be there for two appearances in case of uncontested divorce. 
  • A petition jointly signed by both parties should be filed in the appropriate court of law/ family court for obtaining an uncontested divorce. 
  • The parties are required to provide a mutual statement that they are not able to adjust and reconcile by any means and cannot live together for numerous reasons.
  • The statement also must include the asset division and shared by the parties, child custody, and any other conditions that allow for an uncontested divorce. 
  • The recorded statements and papers are attested by the parties in front of the Hon’ble Court. 
  • A 6-month duration is provided for any possible reconciliation and avoiding the uncontested divorce. 
  • The second motion and final hearing apply when the parties cannot be together, even after the reconciliation period of 6 months.
  • The 6-month duration can be reduced or relaxed and is not mandated by the court of law.
  • If the parties do not appear in the second motion over an 18-month waiting period, then the uncontested divorce order is annulled. 
  • The consent of both parties is the most crucial aspect in an uncontested divorce, and the Hon’ble Court will approve it only if they find it reasonable and considerable.

The parties can approach a family court with the help of a divorce lawyer to understand the legal process and properly file a petition.

Uncontested Divorce in Different Religions

There are different divorce laws for different religions in India and marriage laws for different religions. 

  • Hindus-related uncontested divorce or contested issues are regulated and governed by the Hindu Marriage Act 1955. Buddhists, Sikhs, and Jains also come under this category. 
  • The uncontested divorce for Christians is regulated by the Indian Divorce Act of 1869.
  • A specific law is present for inter-religion divorce and marriage, i.e., the Special Marriage Act of 1954.
  • Muslim marriage or uncontested divorce is governed by the Personal laws of divorce and the Dissolution of Marriage Act of 1939. It is also regulated by the Muslim Women( Protection of Rights on Divorce Act) of 1986.

In any case, if the couple has queries regarding which Act regulates their case, they can take legal consultancy services to avoid further complications during an uncontested divorce. 

When any Party Disagrees

Many times the uncontested divorce is lagged when one party doesn’t agree or provide their consent. It becomes hard for the other party, and they must take the necessary steps to file a petition for contentious divorce on the appropriate grounds after taking the required legal consultancy services and understanding each provision thoroughly. 

 Conclusion

The process of uncontested divorce can take up to a year for the Hon’ble Court to pass the divorce order. The parties can also cancel the petition in the meantime by providing a statement that they want to stop the divorce process and are living together again.

The parties may find it complex to understand each provision related to numerous laws and paperwork so they can take help from a divorce lawyer and get it done smoothly and promptly.

Bhavya Choudhary

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Bhavya Choudhary

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