A.Dear Client,
In the mutual consent divorce, FCP meant for the First Copy of the Petition or the First Motion Application. The Hindu Marriage Act, 1955 enshrines the right to divorce by way of mutual consent under Section 13B. As per Section 13-B(1) of the Hindu Marriage Act, 1955, a petition for dissolution of marriage by a decree of divorce may be presented to the District Court by both the parties to marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976, on the ground that they have been living separately for one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved. Section 13B(1) read with Section 13B(2) of the Hindu Marriage Act, 1955 envisages a waiting period of 1 year /12 months from the date of separation to move a first motion application seeking a decree of divorce by mutual consent (First Motion Application) and thereafter, wait for 6 months to move the second motion. The presence of both parties at the time of the first motion and the second motion is mandatory and there is no exception to that. This time span is provided to the couple so that they get time to reconsider their marriage. A divorce decree can be passed before the completion of the six-month term if all the mandatory requirements are sufficient. If the divorce petition is not withdrawn within 18 months, the court passes a divorce decree. Whereas a Contested divorce takes 3 to 5 years for the final decision of the court.
In the mutual consent divorce, FCP meant for the First Copy of the Petition or the First Motion Application. The Hindu Marriage Act, 1955 enshrines the right to divorce by way of mutual consent under Section 13B. As per Section 13-B(1) of the Hindu Marriage Act, 1955, a petition for dissolution of marriage by a decree of divorce may be presented to the District Court by both the parties to marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976, on the ground that they have been living separately for one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved. Section 13B(1) read with Section 13B(2) of the Hindu Marriage Act, 1955 envisages a waiting period of 1 year /12 months from the date of separation to move a first motion application seeking a decree of divorce by mutual consent (First Motion Application) and thereafter, wait for 6 months to move the second motion. The presence of both parties at the time of the first motion and the second motion is mandatory and there is no exception to that. This time span is provided to the couple so that they get time to reconsider their marriage. A divorce decree can be passed before the completion of the six-month term if all the mandatory requirements are sufficient. If the divorce petition is not withdrawn within 18 months, the court passes a divorce decree. Whereas a Contested divorce takes 3 to 5 years for the final decision of the court.
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A.Dear Client,
In a mutual divorce, an FCP typically refers to the "First Motion Petition." It is the initial legal document filed jointly by both spouses seeking a divorce by mutual consent. The FCP outlines the agreement between the parties regarding various aspects such as alimony, child custody, division of assets, and any other relevant matters. By filing the FCP, both spouses express their consent to the divorce and the terms mutually agreed upon. After the FCP is filed, there is usually a waiting period before filing the "Second Motion Petition," finalizing the divorce proceedings. It's advisable to consult with a legal professional to ensure the correct understanding of legal terms and processes in your jurisdiction.
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In a mutual divorce, an FCP typically refers to the "First Motion Petition." It is the initial legal document filed jointly by both spouses seeking a divorce by mutual consent. The FCP outlines the agreement between the parties regarding various aspects such as alimony, child custody, division of assets, and any other relevant matters. By filing the FCP, both spouses express their consent to the divorce and the terms mutually agreed upon. After the FCP is filed, there is usually a waiting period before filing the "Second Motion Petition," finalizing the divorce proceedings. It's advisable to consult with a legal professional to ensure the correct understanding of legal terms and processes in your jurisdiction.
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