Section 13 B of the Hindu Marriage Act, specifies the procedure for divorce by mutual consent. In cases, where both the parties involved want a divorce a memorandum of understanding needs to be drafted between the parties and submitted along with the petition for first motion before the Family Court.
Contents of the Memorandum
- Name, address, and particulars of the Parties, including the place where they last cohabited.
- Date and venue of Wedding
- Time spent living separately
- Maintenance- monthly or lump sum
- Child custody
- Visitation Rights
- Exchange of movable items and Stridhan
- Distribution of mutually-owned immovable assets