Divorce Guide

Divorce Guide


Two years separation with consent


Two years separation with consent is a kind of a legal separation grounds on which a divorce can be established. To file an application for divorce the petitioner must have the full proof reason to divorce the husband or the wife. In this the husband and the wife have lived separately for two years and then the divorce is filed.

If the applicant is living separately, then it itself is a big reason for divorce, it’s then unimportant to give a reason for adultery or unreasonable behavior. The court is not concerned of why the couple separated, though the time they lived apart is a concern. The couple can file it only when they have lived away for two long years and they can file a petition.

It is not only when the couple has lived separately in other houses, but it can be even said the same, when they both share the same roof but maintain separate households within the same land.

The case may be even if the couple have signed separation document they can then also file the divorce. After the couples have legally separated, there is a period of reconciliation so that they can go back to their married life.

Both the spouses must have an intention to live apart, whether it’s for living purpose or work demands.

Voluntary consent:

The spouses must agree on voluntary divorce rather than the other person asking for the divorce and this need to be confirmed in the court after the petition has been issued. He or she can even withdraw the consent at any time up to the time of granting a decree nisi. If the consent has been withdrawn, this ground for divorce will no longer be valid and another issue should be raised or the grounds should be set to seek divorce from the party.

Financial protection:

Whenever the divorce is based on the two year separation with consent, the respondent individual is entitled to additional protection in terms of finances, assets and insurances. The other party can also claim to look further into the assets and finances to provide maximum equality between the couple. Only after all these issues have been dealt with then only the court will issue the final decree absolute and then finally the divorce.

Separation with consent is appositive outlook in terms of undisputed and smooth divorce patterns, which help both the parties to lose minimum and gain maximum at the same time giving enough space to themselves for their future.


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