Divorce Law
Divorce by Mutual Consent Waiver
A court's discretionary waiver of the mandatory statutory cooling-off period between the first and second motions in a mutual consent divorce.
Courts can waive this waiting period where they are satisfied the marriage has genuinely and irretrievably broken down, all efforts at reconciliation have failed, and the parties have already resolved ancillary issues like alimony and custody.
This flexibility recognises that forcing a mandatory wait serves little purpose once a couple has already reached full, considered agreement on ending the marriage.
Need a Divorce lawyer?
Browse Divorce Lawyers