Mutual consent divorce is the least expensive way to end a marriage, and that is mainly because the parties are not fighting. A joint petition under section 13B of the Hindu Marriage Act, 1955 proceeds on agreed terms, so there is little evidence to record and few contested hearings. The cost is higher when the terms are not really agreed, when a party resiles, or when the second motion has to be contested after a change of mind.
FileX Advocates handles mutual consent divorce petitions before the family courts in Kolkata. This page explains how advocates charge for the work; the firm's rates are published separately.
What the work involves
A mutual consent divorce normally runs in two stages, and the fee arrangement usually follows them:
- First motion. Drafting the joint petition and affidavits, filing before the family court, and appearing for the statements of the parties. The court also considers reconciliation at this stage, and mediation may be referred.
- Second motion. After the statutory cooling period, both parties appear again and their statements are recorded before the decree is passed. If one party does not appear, the second motion fails and the fee for that stage is spent.
- Settling the terms. Where the parties have agreed on permanent alimony, custody, and the return of streedhan, the terms are drafted into the petition or a separate agreement. Drafting a clear settlement takes time and is a distinct piece of work.
The cooling period under section 13B(2) is not absolute. In Amardeep Singh v. Harveen Kaur (2017), the Supreme Court held that the waiting period is directory and can be waived where the facts justify it, such as where the parties had already been living apart well beyond the separation period in section 13B(1) and all attempts at reconciliation had failed. Whether to seek a waiver is a judgment call you should discuss with your advocate.
How advocates charge in Kolkata
- First consultation. A paid meeting to review the marriage certificate, the address and jurisdictional facts, and the proposed settlement terms.
- A fixed fee for the whole uncontested matter. Where both parties agree and both appear, this is common, and the fee is stated up front for the petition, the first motion and the second motion.
- Stage-wise fees. Some advocates split the fee between the first motion and the second motion, which is fairer if the second motion may not happen.
- Per-hearing appearance fee. Where the matter is adjourned repeatedly, or the second motion is bound to be contested, a per-date rate may be agreed.
- Extra for an unsettled element. Drafting a detailed settlement on alimony, custody and property, or dealing with a party who does not appear, is billed as additional work.
What is not the advocate's fee
- Court fees for the joint petition, which in a family matter depend on the relief sought and on the court-fee schedule applicable in West Bengal; the current rate should be checked against that schedule before filing.
- Stamp duty and notarial charges, where a settlement or memorandum is stamped or notarised.
- Mediation charges, if the family court refers the parties to mediation through a mediation centre.
- Photocopying, printing and the cost of extra sets of the petition and annexures.
- Certified copies of the decree, which you will need for a name change, a passport application, or a subsequent registration.
- Translator's fees if any document is in another language, and travel where the court is outside the city.
What drives the cost up or down
- Whether the terms are genuinely agreed. An agreed alimony figure with no dispute is fast. A drawn-out negotiation over money or custody is not a mutual consent matter in substance.
- Whether both parties appear at the second motion. A defaulting party means the fee and the time already spent on that stage are lost, and a fresh petition may be needed.
- Custody of children. Agreeing visitation and interim custody adds drafting and often a hearing.
- Property and streedhan. Transferring a flat, a car or jewellery as part of the settlement needs separate conveyancing work, which is charged separately.
- Court and jurisdiction. A petition in a busy family court takes more dates than one where the parties are the only matter listed.
- Whether mediation is referred and succeeds. A successful mediation can shorten the process; an unsuccessful one adds a stage.
Questions to ask before you engage an advocate
- Is my spouse willing to sign a joint petition, and has he or she taken independent advice?
- Is the fee fixed for the whole matter, or will the second motion be charged separately?
- What happens to the fee if my spouse changes his or her mind before the second motion?
- Is the settlement on alimony and custody included, or is it extra?
- Should we ask the court to waive the cooling period, and on what basis?
- Will the decree need registration or notarisation, and what will that cost me?
- Which costs other than your fee should I keep aside?
Our published fees
Mutual consent divorce is the case where a firm can give you the clearest figure, because the work is defined. Our published consultation and appearance fees are set out on our pricing page. If your settlement terms are complex, ask for a quotation for the mutual consent petition after we have seen the proposed terms. For family matters generally, our guides walk through the documents and the two motions, and you can contact us with the facts of your case.
How long does a mutual consent divorce take?
The petition can be filed once the parties have lived separately for the period required by section 13B(1). A second motion cannot normally be made until the cooling period in section 13B(2) has passed, which the court may waive in an appropriate case. Beyond that, dates depend on the court's docket.
Can one party withdraw consent at the second motion?
Yes, and it happens. If consent is withdrawn before the decree, the court cannot pass a mutual consent decree, and a party who still wants a divorce must proceed on a contested ground instead.
Is the court fee the same in every case?
No. Court fees in West Bengal are governed by statute and vary with the relief claimed, so the amount should be confirmed against the current schedule and at the filing counter rather than assumed.