Mutual consent divorce is a route in which both spouses agree that the marriage should end and are able to place their agreed terms before the appropriate court. The exact procedure depends on the applicable matrimonial law and the facts of the matter.
Parties should clearly record the terms they have actually agreed upon, including maintenance or financial settlement, return of belongings where relevant, child custody or visitation arrangements, and treatment of pending disputes.
The documents required depend on the case. Marriage proof, identity and address documents, photographs, prior court orders or proceedings and documents supporting agreed financial or parenting terms may be relevant.
A consent-based matter can still raise important questions about jurisdiction, drafting, settlement language and enforceability. The agreement should reflect the parties’ actual understanding rather than using a generic template without review.