Mutual Divorce Lawyer in Tis Hazari for Quick and Smooth Settlement
When a husband and wife are comfortable to go through with each other than living together. But may find it difficult when there are issues regarding maintenance for wife or children, properties, ornaments and any pending complaints or when to file the final divorce decree.
One can hire a Mutual Divorce Lawyer at Tis Hazari to get information about the legal procedure for divorce. And how to file for mutual divorce in Delhi. By drafting proper documentation and approach to Family court without causing any litigation.
If you are looking for Mutual Consent divorce in Delhi the most important aspect is. Whom the personal properties will be awarded. Whether you have agreed for any maintenance or permanent alimony. Property division if there is one. If there are any children how would they be taken care of. And if there is any ongoing case between both the parties.
BK Singh Advocate offers consultation for any matrimonial dispute. Including filing a mutual consent divorce petition and settlements in Delhi NCR & Other cities in India. You can consult us to know more.
Why Does Mutual Divorce in Tis Hazari Matter in 2026?
Jurisdiction of Court and availability of proper Family Courts are some of the factors to be considered for couples living in Delhi. Tis Hazari Courts are some of the prominent courts in Delhi and Delhi District Courts have the facility of Family Courts and e filing.
That being said, a Mutual Divorce Lawyer practicing at Tis Hazari Courts should focus on more than just drafting a Petition. Will the settlement be well drafted by both parties so that there are no conflicts in the future?
If a couple who want to live separately, sign an agreement without any clause regarding Jewellery, Articles present in house, House if bought by both parties, Bank Accounts, Children Education or any future claims. They will now have cause a dispute again.
BK Singh Advocate always tries to comprehend what Settlement the parties have reached and include the same in Proceedings.
There is a mediation Centre functional at Tis Hazari Court according to the Delhi District Courts Website. Mediation helps the parties communicate with each other with the help of a mediator. Matrimonial Disputes come under this category.
Quick Facts
- Section 13B Of Hindu Marriage act 1955 :- Divorce By Mutual Consent-
- Husband and Wife files a joint petition under section 13B(1)
- That they have lived separately for one year or more.
- That they have mutually agreed to dissolve the marriage.
- Period of 6 months stated under section 13B(2) before applying for Second motion.
- However the Supreme Court has also ruled that this period can be waived off by the Court under section 13B.
- The Divorce is granted when the decree is passed by the court of law.
What Should Be Settled Before Filing?
As long as both of you have agreed upon certain terms then opting for mutual divorce is best option.
Some of these terms that needs to be decided under settlement are alimony/maintenance(specific or permanent),child custody and visitation rights,expenses towards children,gift of jewelry or any other items division of property,joint bank account and liabilities or loan taken together etc.
If there are any pending cases against each other you both. Suppose if your spouse has filed cases against you or vice versa,then it should be clearly stated in your settlement that what shall be done with those cases as per procedure.
This part is where most people get confused.They just read mutual divorce. Ensure that your settlement does not give rise to any other disagreements in future.
Consult BK Singh Advocate to know about the various terms that you must settle before filing your petition.
What Documents Are Usually Required?
This depends on what type of marriage you are getting divorced from & where you live and the circumstances of your case. Common documents that people may need to provide are: Your Marriage Certificate Or Something to prove your marriage existed, Identification & Proof of address, Photographs, Children's Birth Certificates and details, Any existing orders and financial information/settlements.
If you have any assets that you will need to provide evidence for e.g. Property, Debts, investments etc.
If there are any existing family law matters that have been started between the 2 of you (either party) then it would be helpful to get copies of any pleadings, orders and general information about those proceedings. This could include any police complaints etc.
BK Singh Advocate can review what documents you currently have and see if we can establish what you are missing before we draft your petition.
When Should You Consult a Mutual Divorce Lawyer?
You will require legal opinion only if you and your spouse are agreeing to each other on majority issues and some issues are left to be contested.
If there is a disagreement over maintenance, permanent alimony amount,child custody and visitation rights division of properties,gold jewelry,furniture or whitegoods, loan debts paid etc then you should get a legal opinion before filing.
If any one of you is staying outside Delhi or if the marriage was registered from outside Delhi. If any previous matrimonial petitions are filed against you both or if you have a drafted settlement which is not Lawyer reviewed.
BK Singh Advocate can help you what all can be included in a settlement / consent terms and conditions etc.
It's always better to get consulted beforehand instead of cancelling a vague settled agreement.
What Happens at the Tis Hazari Family Court?
The process includes filing up a mutual consent petition and then going to the concerned court. The 1st motion hearing will be there and then after 6 months. Then the 2nd motion is held where the court ensures whether the parties are still fulfilling the terms.
It can vary depending upon your circumstance.
As mentioned on delhi district courts website family court comes under Delhi district court .You can e-file for Delhi Family Court.
They check whether the parties have still not changed their mind about giving their consent and all terms are been met till. Then divorce is granted by the court by its decree.
There are numerous Mutual Divorce Lawyers in Tis Hazari who can help you out with the process and shouldn't take the court process too seriously.
How Will Maintenance be Settled?
Mutual Divorce always involves money settlements.
They might agree on giving each other maintenance, permanent alimony etc. Whatever they agree to, mention it in the settlement. Do not rely on words.
Income, debts, properties, no. of years married and dependant child(if any) All these factors are to be considered.
Mutual divorce has no fixed amount. It totally depends on your situation.
Hence a good Divorce lawyer Delhi NCR can assess your situation and guide you. BK Singh Advocate can help.
What Problems Can Delay a Mutual Divorce?
Delays may arise if the parties have not really settled their issues, if documents are not prepared properly, if jurisdiction has not been considered or if a spouse changes his or her mind later. Add yet another common problem – a generic settlement agreement without specific language detailing what was settled.
Pending lawsuits may also slow things down. Occasionally, a marital settlement has to address pending litigation on an individual basis, and not all lawsuits can simply be withdrawn without first obtaining court approval.
Courts in Delhi District also provide facilities such as case status and court service.
Avoid unnecessary delays by preparing well and clearing up things that may hold up your case at the court.
How Can BK Singh Advocate Help With Mutual Divorce?
BK Singh Advocate offers guidance to clients looking for assistance on mutual consent divorce, settlement agreement and other matrimonial issues.
Your lawyer and yourself will try to comprehend issues regarding your marriage, separation, terms of settlement, children, finance related issues and pending cases (if any). Only after understanding all of the above mentioned areas, can a lawyer advise you on what legal course should be pursued and what documents would be necessary for initiating the aforementioned proceeding.
While seeking assistance from a Mutual Divorce Lawyer in Tis Hazari, experience of local court matters too. This is because, along with studying the facts of your marriage, your lawyer needs to understand the appropriate filing route, availability of Family Court and procedure to be followed accordingly.
Matrimonial help can be sought by people residing in Delhi and other parts of Delhi NCR. This law firm provides assistance to people from Noida, Ghaziabad, Gurugram, Faridabad, Greater Noida and other nearby cities. We offer online advice too and might work best for busy husbands/wives who stay in a different city.
Click here to learn more about our services and how we guide our clients.
When Is Professional Legal Advice Most Useful?
Legal advice can be useful in situations before the parties have signed their final settlement prior to signing the petition, waiver of statutory time period,Claims from children and financial claims.
It can also be of assistance where one spouse is domiciled overseas, a party is moving house or where the marriage was solemnised outside of the normal jurisdiction or where there are additional proceedings ongoing.
BK Singh Advocate can assist you in separating your spouses commercial motivations from what the Court needs to look at legally.
Frequently Asked Questions
FAQs ( MUTUAL DIVORCE / DIVORCE BY MUTUAL CONSENT)
1. Under which law divorce by mutual consent is possible?
Divorce by mutual consent is possible when spouses married under Hindu Marriage Act, 19 Entered into the Hindu Marriage Rite and registered their marriage under Hindu Marriage Act, 1955. This would fall under Section 13B for divorces. Other matrimonial causes will fall under different statutes based on what personal law the marriage was governed by.
2. Can I file a case for mutual divorce in Tis Hazari Courts?
Family Court is dependent on where the marriage was solemnized and where jurisdiction lies. Tis Hazari is just a court complex in Delhi. There are separate family courts in Delhi with infrastructure of their own which fall under district court of Delhi. Please check for jurisdiction before filing any case.
3. Do we have to wait for six months in mutual divorce?
Yes and No. Section 13B(2) specifically says that you have to wait six months from the date of filing of the first motion before you can file for the second motion. However, Indian Supreme Court has interpreted this subsection to mean that this six-month interval is not mandatory. The Court has inherent powers to waive the said duration in cases where it thinks fit to do so. But this is not automatic. You have to ask.
4. Can I do divorce by mutual consent in one day?
No lawyer can promise that you can get your divorce done in one day because you and your spouse want a divorce. There are statutory requirements and court reviews that need to happen. The courts do have powers to waive the 6-month duration in cases where they think it is appropriate to do so. If the court thinks that your case fits the facts where they can waive the 6-month duration, then yes the court can grant you a divorce that day. But it will depend on the facts of your case.
5. Do we have to agree on everything at every stage?
No. However, the consent to divorce by mutual consent should be continuous consent. If you change your mind at any stage, it will no longer be a divorce by mutual consent. Please consult your lawyer if you find yourself in this situation.
6. What about children?
It is advisable that any agreement you reach on kids, custody, visits, financial responsibilities etc. are put in writing. The court will consider those factors when approving or not approving your settlement agreement.
7. Can I agree to pay maintenance in divorce by mutual consent?
Yes. The parties to a divorce can negotiate on financial issues and reach an agreement. The agreement can include maintenance or lump sum permanent alimony payments if allowed by law. The amount and percentages would be based on facts.
8. What documents would I need to submit?
The documents required depend on each case. Generally, documents like proof of marriage, identity and address documents, photographs, information on children, case related documents and finances are required. The documents differ from case to case.
9. If I do a mutual divorce can I settle all pending matrimonial cases?
Pending matrimonial cases can possibly be used in the settlement language. Not all pending legal actions can be settled just because you and your spouse are getting a mutual divorce. There are different factors to consider based on what types of legal cases you have pending. Please speak to a lawyer about any pending lawsuits before you agree to settle.
10. Does BK Singh Advocate handle mutual consent divorce in Delhi NCR?
BK Singh Advocate can provide legal advice for spouses looking to explore divorce by mutual consent in Delhi NCR. Where the case can be filed and the resources to help you file will depend on facts and jurisdiction.
Conclusion
Mutual divorce can be less complicated than contested matrimonial litigation. But “mutual” doesn’t mean that there is no legal work involved. Agreements must still be drafted, read for accuracy, jurisdiction must be determined and statutory requirements must be complied with.
When you find yourself searching for a Mutual Divorce Lawyer in Tis Hazari start by taking the time to learn about the entire settlement agreement rather than rushing to file. With a little preparation on the front end you can help avoid many of the miscommunications that can lead to delays later.
BK Singh Advocate can help you with mutual consent divorce, read settlement agreements, navigate Family Court and more in Delhi NCR and India.