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What is the procedure for filing a mutual divorce under the Special Marriage Act?

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Mutual Divorce Under the Special Marriage Act: A Step-by-Step Guide

Divorce is undoubtedly a challenging journey, but when both spouses mutually agree to separate amicably, the Special Marriage Act, 1954, offers a clear and structured legal pathway. Here’s a simplified guide to understanding the process:

1. Eligibility Requirements

  • The couple must have been married under the Act for at least one year.

  • They should have lived separately for a minimum of one year before filing for divorce.

  • Both spouses must mutually agree to dissolve the marriage.

2. Filing the Joint Petition

A joint petition stating the irretrievable breakdown of the marriage is submitted to the family court located:

  • Where the marriage was solemnized,

  • Where the couple last lived together, or

  • Where the wife is currently residing.

3. First Motion Hearing

Both spouses appear before the court to confirm their mutual decision to divorce. The court records their statements and proceeds to the next stage.

4. Cooling-Off Period

A mandatory six-month waiting period is provided to allow the couple to reconsider their decision. However, in certain cases, the Supreme Court has allowed this period to be waived if the separation has already been prolonged.

5. Second Motion Hearing & Final Decree

After the cooling-off period, if the couple still wishes to proceed, they attend the second motion hearing to reaffirm their consent. Once the court is satisfied, it grants the divorce decree, legally dissolving the marriage.

Example Case

A couple, married in Mumbai but living apart for over a year, files for mutual divorce. Following the six-month cooling-off period, they appear for the second motion, and the court finalizes their divorce within 8–10 months.

At LawCrust Legal Consulting Services, we specialize in providing expert legal assistance for mutual divorce under the Special Marriage Act. Our team is committed to offering:

  • Comprehensive guidance on filing procedures,

  • Seamless handling of legal documentation, and

  • Professional court representation.

With a focus on efficiency, transparency, and client satisfaction, we ensure a smooth and hassle-free divorce process.

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