How to take mutual divorce?

I want to enter into a mutual agreement and proceed with a mutual divorce, which both parties will sign.

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Advocate By LEAD INDIA Answered: 11 May 2026

Mutual divorce is governed under the Hindu Marriage Act, 1955 (or applicable personal law). Both spouses must mutually agree and file a joint petition in family court. After filing, the court records statements and gives a cooling-off period (which may be waived in some cases). After second motion, the court grants divorce decree. A simple agreement alone is not enough; court approval is mandatory for valid divorce. For further legal assistance contact us on our helpline number.

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