Mutual Consent Divorce Process in Gurgaon Family Court (Step-by-Step)

• Drafting Joint Petitions: meticulous drafting of the First Motion and Second Motion petitions to ensure zero rejection rate due to technical errors.

• Court Representation: Representing clients in the Gurugram Family Court, minimizing the need for their personal presence where legally permissible.

• Video Conferencing for NRIs: specialized facilities for Non-Resident Indians (NRIs) to record statements via video conference, avoiding costly travel to India.

• Asset Division: Structuring complex financial settlements, including real estate, joint bank accounts, and corporate equity for high-net-worth individuals.

• Alimony & Maintenance: Negotiating one-time lump sum settlements (permanent alimony) to prevent future financial litigation.

• Child Custody Plans: Drafting detailed Parenting Plans that cover visitation rights, education costs, and shared custody arrangements.

Waiver Applications: Filing specialized applications to waive the statutory 6-month cooling-off period (as per Supreme Court guidelines in Amardeep Singh v. Harveen Kaur), allowing couples to finalize divorce in weeks rather than months. 

Vivek Nasa & Associates are recognized as leading mutual consent divorce lawyers in Gurgaon, possessing over 25 years of expertise in handling complex family law matters, including mutual consent divorces, contested divorce cases, alimony disputes, and child custody litigation. Our legal team is committed to providing clear guidance and robust representation to ensure the best possible outcomes for our clients.

The process involves filing a joint petition under Section 13B of the Hindu Marriage Act. Both parties must appear in court for two statements: the "First Motion" and the "Second Motion." These motions are typically separated by a 6-month cooling-off period, after which the final divorce decree is granted.

Yes. As per directions of the Supreme Court in Amardeep Singh vs. Harveen Kaur, the Family Court in Gurgaon can waive the 6-month wait if the couple has already lived apart for at least 18 months and all mediation efforts have failed. If granted, this waiver can help conclude the divorce in as little as 30–45 days.

You must provide the Original Marriage Certificate, Marriage Photographs, 4 passport-size photographs of both parties, and valid Proof of Identity and Address (such as an Aadhaar Card, Voters card, Passport). You also need a drafted Settlement Agreement (MOU) that details the division of assets, alimony, and child custody terms.

Both parties ideally must be physically present for the First and Second Motion statements to record their consent before the Judge. However, we can request permission for your appearance via video conferencing or through a Power of Attorney holder. 

In a mutual consent divorce, either party can legally withdraw their consent at any time before the Second Motion decree is passed. If this happens, the court will dismiss the petition, and the divorce will not be granted. You would then need to file a fresh contested divorce petition if you still wish to separate. This is why a well-drafted Settlement Agreement with penalty clauses is crucial.

Not necessarily. For NRI clients, we can often arrange for the First and Second Motion statements to be recorded via video conferencing (depending on the specific judge's discretion in the Gurgaon Family Court). You can also be represented by a Power of Attorney (POA) holder, usually a close family member, to handle the physical filing work.

Unlike contested cases where the court decides, in a mutual divorce, you decide. The "Parenting Plan" is agreed upon by both you and your spouse and written into the Settlement Agreement. You can choose "Sole Custody" (one parent keeps the child) or "Joint Custody" (shared access). The court simply validates that the arrangement is in the best interest of the child.

The professional legal fees vary based on experience of your lawyer and the complexity of the case. Our Experience shows that lot of people face trouble years after grant of mutual consent divorce, for reasons that Divorce petition and the Settlement Agreement (MOU) were not prepared considering future circumstances, which may lead to disputes in future and another set of long litigation. Highly experienced lawyers at Vivek Nasa & Associates ensure that your Divorce petition and the Settlement Agreement (MOU), are prepared in a way, that you remain protected in future, after grant of Divorce Decree. Hence you should look at Fee from perspective of Lawyer's experience who can avoid any unnecessary litigation and disputes, in future. 

Generally, NO Section 14 of the Hindu Marriage Act mandates a one-year separation period before filing. However, in "exceptional hardship" or "exceptional depravity" cases, we can file an application to waive this one-year bar, though this is rare and requires strong legal grounds.

There is no fixed rule for this in mutual divorce. It is entirely up to the agreement between you and your spouse. If both are earning well, you may mutually agree to "NIL" alimony. If one spouse earns significantly less, a one-time "Lump Sum Settlement" is usually preferred over monthly maintenance to ensure a clean financial break.

Yes. Vivek Nasa & Associates specializes in filing waiver applications to bypass the 6-month cooling-off period if the couple has already lived apart for over 18 months and settlement is complete.