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What is the procedure for mutual consent divorce in Surat?

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(@Rajdeep Thakur)
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[#1101]
My spouse and I have mutually agreed to separate. What is the step-by-step procedure for obtaining a mutual consent divorce before the Surat Family Court, and how long does it typically take?

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(@advocate-mudit-pratap)
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Couples who have mutually agreed to separate frequently ask about the procedure for mutual consent divorce in Surat, and the reassuring answer is that this remains the fastest and least adversarial route available under Indian matrimonial law. Under Section 13B of the Hindu Marriage Act, both spouses jointly file a petition confirming they have lived separately for at least a year, have been unable to live together, and have mutually agreed the marriage should end.

The procedure for mutual consent divorce in Surat unfolds through two motions. In the First Motion, both spouses appear before the Family Court and record their statements confirming consent. A statutory cooling-off period, typically six months, follows before the Second Motion, where both parties reaffirm their decision remains unchanged, after which the court passes the decree.

Required documentation includes the marriage certificate, address proof, income details, and a comprehensive settlement agreement covering maintenance, custody, and asset division. Since this agreement becomes part of the court record, it is well worth having it carefully reviewed before filing, as ambiguity here often leads to disputes even after the divorce is finalised.

Reaching out via Aapka Legal Advice allows couples to obtain a joint or individual opinion from retired judges before finalising settlement terms, reducing the risk of future litigation. For representation through both motions, our Surat Lawyers | Aapka Legal Advice regularly coordinate mutual consent filings from start to finish.

To summarise, the procedure for mutual consent divorce in Surat requires cooperation, a well-drafted settlement, and patience through the statutory waiting period โ€” but with the right guidance, it remains the fastest, most dignified way to conclude a marriage.


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