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Mutual consent divorce is the quickest and least stressful way to end a marriage when both spouses agree. Here is how it works.
Last reviewed: October 2026 · General information only, not legal advice.
The law: HMA 13B for Hindus, Sikhs, Jains and Buddhists; SMA 28 for marriages under the Special Marriage Act; Divorce Act 10A for Christians (2 years' separation).
Yes. The Supreme Court held in Amardeep Singh v. Harveen Kaur (2017) that the Family Court can waive the cooling period where the parties have been separated for over 18 months (including the one-year separation), all mediation efforts have failed, and all issues including alimony and custody are settled. The Supreme Court can also dissolve a marriage directly under Article 142 where it has irretrievably broken down (Shilpa Sailesh, 2023).
Typically about 6 to 7 months, because of the 6-month cooling period between the first and second motions. If the court waives the cooling period, it can be completed much sooner.
Yes, both parties normally appear for the first and second motions. Many Family Courts allow appearance by video conference in suitable cases, for example when a spouse lives abroad.
Yes. Consent can be withdrawn at any time before the decree is passed. Courts may, however, hold a party to a settlement on which the other has already acted.
No. The parties decide by agreement whether any alimony is to be paid and how much. The settlement is recorded by the court.
Every case turns on its own facts. Speak to Advocate Ajay Mishra for advice specific to your situation — in person at IP Extension (Delhi) or Vaishali (Ghaziabad), by phone, or by video call.