Divorce by Mutual Consent: Expenses for Divorce in Delhi

Many Indian couples continue with unhappy marriages because they are apprehensive of the stigma, hassles, and costs of a divorce case. However, as society becomes more responsive to individual needs, unhappy couples are seeking simpler processes to part their ways. A top-tier divorce lawyer in Delhi NCR can help you navigate this journey. If both spouses willingly agree to go their separate ways, they can file for a "divorce by mutual consent". These divorce cases are inexpensive compared to contested separations. But what is the nature of the expenditure you can expect in a mutual divorce case? Let's break it down!

Mutual Consent in Dissolving a Marriage: Understanding the Basics

Sometimes, a couple feels that their marriage is not working. In such cases, they mutually agree to a divorce. They can submit a joint petition to the Court and request a "Decree of Divorce". This process is less complicated or time-consuming than a contested divorce case. After examining the statements, the Court gives an order on the initial petition after which, the couple must undergo a six-month cooling-off period to minimise chances of spur-of-the-moment decisions. 

Costs and Fees: Mutual Divorce in Delhi

There are two components while considering the divorce costs in Delhi:

➽ Court Fees: Couples have to pay a token fee to the Court while filing a divorce case. The Court fees are nominal, and all couples can afford them easily. 

➽ Lawyers’ Fees: The divorce lawyer fees form a substantial chunk of total costs. The final amount depends on the duration of the divorce case. The expenses also depend on the complexities and documentation processes involved in a case. However, the mutual divorce fees are minimal compared to contested divorce cases. A mutual agreement minimises the hassles of a case, leading the lawyers to charge a lower sum.

Divorce Lawyer Fees: On What Basis do Lawyers Charge Them?

Divorce lawyers in Delhi-NCR can charge fees per Court hearing. Alternatively, they may apply a lump-sum amount according to the requirements of a case. The final decision on the mode and amount of divorce fees depends on discussions and negotiations with your lawyer. Hiring an experienced legal team may entail higher divorce lawyer fees. However, they can also help you safeguard your resources and rights in a divorce case. Hence, you should make a careful analysis to balance the costs and benefits of these legal fees.

Divorce Costs and Maintenance: Who Bears These Expenses?

In a mutual consent divorce both the parties can jointly bear the cost of divorce or the wife may include a term in the divorce agreement, requiring the husband to bear the expenses. The husband can cover the divorce lawyer fees in such a case. A wife may also seek interim/ad-interim maintenance during the period of divorce proceedings. These claims come under Section 24 of the Hindu Marriage Act or Section 36 of the Special Marriage Act and Section 125 of the Code of Criminal Procedure. However, the decision on awarding these maintenance claims in a mutual divorce case is complex. The Court passed an order on this matter after evaluating the case details.

The divorce costs in Delhi are affordable, enabling unhappy couples to find a way out with the help of a good lawyer. You can contact a leading divorce lawyer in Delhi-NCR to help you with a mutual separation process.