Disadvantages of Mutual Consent Divorce: What You Should Know

Published on October 22, 2024

Mutual consent divorce is another form of quicker and amicable mode to end marriages but at a significant cost in the form of waiting periods, custody disputes, and financial risks. Although it may sound easier than obtaining a contested divorce, understanding the drawbacks would help choose the right thing for couples. Consulting a divorce lawyer in Delhi ensures that the process is smooth, and your rights are protected.

We dived into the legal framework of mutual consent divorce, its advantages, and the potential risks couples might experience. Whether child custody becomes a complicated issue or there are some partial financial disclosures, you will be aware of these pitfalls that help you make this life decision with a clear head. If you are considering separation or need a lawyer, a marriage annulment lawyer in Delhi can ensure you know the choices.

What is Divorce by Mutual Consent?

Divorce through mutual consent is when the spouse divorces each other in mutual agreement. It does not involve one party laying the blame on the other spouse. Sometimes it is referred to as a "no-fault divorce." Normally, the parties involved discuss how to prevent court wars and also make decisions about every major decision regarding property division, child custody, and one of the parties providing maintenance support for their spouse.

Summary of the Actions Taken

Joint Petition: The couples submit a joint divorce petition to the court.
Cooling-Off Rule: In most cases where divorce is desired, there’s a period of separation; however it has to be observed for a certain period that is commonly six to twelve months.
Resolution of Relevant Issues: All matters such as properties, children and money are settled.
Judicial Sanction: If the court after examining the conditions imposed sees that the conditions are reasonable and within the limits of the law, a divorce order is issued.

This mutually-approached method saves people from much emotional stress and financial expenses that accompany contentious divorces. However, this fully requires couples to agree on everything completely, which sometimes turns out to be problematic.

In India, a divorce by Mutual Consent is governed by several personal laws, especially under:

The Hindu Marriage Act, 1955, (Section 13B)
Special Marriage Act, 1954 (Section 28)

A mutual divorce by consent: How to go about it

By both husband and wife, a joint petition is filed in the court.
A waiting period of 06 months (in some cases court may shorten this).
The two parties attend for the second motion reiterating their consent.
The court examines the agreement and grants a decree of divorce.

Due to a lack of time and knowledge, most couples take the assistance of an attorney. A Divorce Lawyer in Delhi does the needful in rectifying the legal loopholes.

Why do Couples Opt for Divorce by Mutual Consent

Over and above the legal issues, mutual consent divorce is gaining ground amongst married partners because of a number of practical short-term advantages.

Less Strain: The most significant benefit comes in the form of preventive measures. No emotional pains are caused as there is no irksome litigation.
Speedy Disposal:: Because of the speedy sanctioning of the divorces, it is done within a short period of time.
Economic: The low price of the services provided is a very primary reason why many couples opt for it.
Secrecy: It is not very open to the public and the process is more concealed.
Joint Partnership and Power: Couples can make very important choices including decisions regarding children and property.

Nevertheless, in as much as it has advantages, a mutual consent divorce also has its challenges. Here is the place where it becomes necessary to contact legal experts like marriage annulment lawyers in Delhi.

Weaknesses of Joint Applications for Divorce

Property Rights Concerns

In mutual consent divorces, property division is left to the discretion of the spouses, which can lead to disputes. Without legal intervention, one spouse might end up receiving a disproportionate share of the assets. Consulting a divorce lawyer in Delhi can help couples negotiate fair terms.

Child Custody Complexities

Child custody is one of the most challenging aspects of any divorce. In a mutual consent divorce, parents must agree on the custody arrangement, which can be emotionally draining. In case of disagreements, legal intervention may become necessary. Seeking advice from a marriage annulment lawyer in Delhi can help resolve custody issues amicably.

Emotional Toll of Cooling-Off Periods

Some courts impose a cooling-off period, requiring couples to reflect on their decision to divorce. While this is intended to prevent hasty separations, it can cause frustration and emotional distress for couples who are ready to move on with their lives.

No Built-in Dispute Resolution Mechanism

Mutual consent divorces rely on the assumption that both parties will agree on key terms. When disagreements arise, there is no formal dispute resolution mechanism, often requiring the involvement of lawyers or mediators.

Potential for Withdrawal of Consent

One significant disadvantage is that either spouse can withdraw consent at any time before the decree is issued. This can cause uncertainty and delay the process, leaving the other party in a difficult position.

Incomplete Financial Disclosure

In some cases, one spouse may conceal financial assets or income, leading to an unfair settlement. Ensuring complete transparency is crucial to avoid disputes. Consulting a divorce lawyer in Delhi can help in cases where financial disclosure becomes an issue.

How a Divorce Lawyer in Delhi Can Help

A divorce lawyer’s presence is significant for the successful completion of the mutual consent process. Here are some key ways in which legal assistance can help:

Legal Guidance: It explains your rights and obligations under the law.
Documentation Assistance: Coordination so that all papers are turned in with no errors.
Negotiation Support: Assessing conflict while assisting couples or individuals settle matters related to properties or children.
Dispute Resolution: Providing mediation where such will be necessary if disagreements occur.

When Should You Think About Getting a Marriage Annulment Rather Than a Divorce?

A marriage annulment, as opposed to divorce, goes further in saying that the marriage is treated as if it doesn’t exist. Annulments, as a rule, are asked for in the following situations:

Fraud or misrepresentation
Bigamy or mental incapacity
No lucid agreement to marriage

If you are confused about whether to go for annulment or divorce, speaking to a [marriage annulment lawyer in Delhi may help.

Conclusion

In mutual consent, it can be concluded between the two individuals in a friendly manner. Couples must be prepared to face the trial, waiting period, and property disputes alongside child custody complexities when opting for a mutual consent divorce. Face the challenge with confidence with a divorce lawyer in Delhi. If there is an option for annulment, a marriage annulment lawyer in Delhi can guide you through this process.

Advocate Priya Paul

Advocate Priya Paul, a proactive Delhi-based advocate, leads a skilled team. Her blog shares insights and updates on legal issues, helping readers navigate the law.

Frequently Asked Questions (FAQs)

What is the foremost drawback of mutual consent divorce? +

The main disadvantage lies in the waiting period, as it can be quite emotionally disturbing for a couple who wants to get separated quickly.

Can one spouse withdraw consent in a mutual consent divorce? +

Yes, the amount of time can be extended because either spouse can withdraw consent before the final decree is pronounced by the court.

What is the difference between a divorce and an annulment? +

Divorce ends a legally valid marriage, whereas annulment declares the marriage void as if it never existed.

Is it necessary to stay separate in mutual consent divorce? +

Typically, one year of estrangement from one another is obligatory for initiating the process of mutual divorce. On the contrary, the court can choose to rule out this requirement in rare cases.

Can mutual consent divorce be rejected in court? +

A court can decline your mutual divorce petition if all the issues concerning your child's well-being and custody are not resolved. Not established: Contested divorce The Hindu Law has emphasized several grounds for which a person can file a divorce petition even if his/her spouse is not willing to provide him/her one.