Mutual Divorce Form - Summary
Mutual divorce form is the joint petition format filed by married couples before the Family Court to dissolve a marriage by mutual consent under Section 13B of the Hindu Marriage Act, 1955 or Section 28 of the Special Marriage Act, 1954. Spouses who have lived separately for one year or more and agree that the marriage cannot work can use this format to end the marriage peacefully without fighting in court.
Couples who need to register their marriage before taking legal steps can refer to the marriage registration form, while contested cases require a separate Hindu divorce application form.
Mutual Divorce Petition Format and Settlement Details
The petition format contains joint application details and sworn verification statements in English. It covers the following sections:
- Names, current addresses, and date and place of marriage for both husband and wife
- Declaration confirming separate living for at least one full year
- Agreed terms for permanent alimony, maintenance, and return of stridhan articles
- Child custody, guardianship, and visitation schedule if the couple has minor children
- Joint affidavits stating that consent is given freely without fraud or force
Documents Required with the Petition
Attach self-attested copies of these papers with the petition:
- Marriage certificate or original wedding card
- Four passport-size photographs of each spouse
- Identity and address proof such as Aadhaar card or voter ID card
- Proof of separate living addresses for the past one year
- Signed settlement deed or agreement memorandum
Steps to file mutual divorce
STEP 1 – Prepare the joint petition on legal paper with complete terms on alimony, child custody, and division of joint assets.
STEP 2 – Attach the required identity, residence, and marriage proofs with sworn affidavits from both partners.
STEP 3 – Submit the petition before the Family Court in the district where the marriage took place or where either partner lives.
STEP 4 – Attend the First Motion hearing together before the family court judge to record statements.
STEP 5 – Appear for the Second Motion after the six-month cooling-off period to confirm the decision and obtain the final divorce decree.
