Mutual divorce procedure in India is a legal procedure through which both spouses agree to dissolve their marriage and separate. We've compiled a list of the most common documents required for this process.
Divorce is a legal process by which a marriage is dissolved. The process varies according to each country’s laws but generally involves one or more court orders and social and administrative procedures. Although divorce is usually considered an adversarial process, there are cases where it is initiated by mutual consent. Before you get to the mutual divorce procedure in India, you need to know the documents required.
Divorce can be granted based on mutual consent if both parties agree to end their marriage. In such cases, both parties must sign a document called “a joint application for dissolution of marriage” and submit it in person at the local family court or any other judicial officer authorized by law.
Once this has been done, both parties should file copies of their signatures with their respective lawyers. After that, they will be served copies of their separate divorce petitions and notices informing them that they have been scheduled for a hearing before a judge on a specific date at a particular time.
What Are the Essential Documents Required for a Mutual Divorce Procedure in India?
The mutual divorce procedure in India is a legal process that allows two married people to end their marriage amicably. There are many steps involved in this procedure, and you will need a few essential documents to get started.
Address Proof of Husband and Wife and Credit Report
First, you’ll need to present your address proof (a passport or voter ID card) for both yourself and your spouse. This will confirm that you are who you say you are, so make sure it’s up-to-date!
Next, if either of you has any outstanding debts or other financial obligations that need to be settled during the divorce proceedings, you’ll need to present your credit report. Your credit report will show whether or not either of you currently has any outstanding debts that must be paid off before the divorce is finalized.
Information of the Petitioner’s Professional Career and Their Current Remuneration – Salary Slips and Appointment Letter
A salary slip is proof of your income and your spouse’s income. It also proves that you have worked for so long and how much you earned. In addition, it will help you calculate the maintenance amount given to your spouse during the divorce procedure.
An appointment letter is also proof of your employment. If you don’t have any evidence of employment, it will be difficult to prove that you can afford the maintenance amount, which will be given to your spouse during the divorce procedure.
Last 3 Years’ Income Tax Statements
When you go through a divorce process, you must provide your spouse with proof of income and other financial information for the last three years. This is done so your spouse can receive their fair share of the assets you acquired during your marriage.
The Income tax statement documents for the mutual divorce procedure in India will allow you to prove that you have been paying taxes on all profits made during that period. Suppose a judge doesn’t see these documents. In that case, they may be unable to award your spouse a fair share of assets because they won’t know if you were paying into social security or other benefits programs like health insurance plans or retirement accounts.
Marriage Certificate
If you are married, you need to have a marriage certificate as it is the only proof of your marriage. The court will not accept any other document as proof of marriage. You can either get one from your city or district’s office or get it online by paying some money to the government.
Certificates Proving Spouses Living Separately for More than a Year
The law requires evidence showing spouses living separately for more than a year before a mutual divorce can be granted. These documents include:
- A statement from each spouse about their decision to end their marriage
- A separation deed stating that they have lived apart for over a year
- An affidavit stating that they have lived apart since the date in the separation deed
Certificates Proving Failed Attempts at Reconciliation
The reason behind the need for evidence is that it helps the court in determining whether there was any attempt made by either spouse to reconcile with their partner or not. This is necessary because if both the spouses have agreed to get separated but later on changed their minds, then they cannot be granted divorce unless they can prove that there was an attempt made by both husband and wife to reconcile with each other.
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Four photographs of marriage
To ensure that this process is fair for both parties, it requires four photographs of the couple at the time of filing for mutual divorce.
These photos prove that both parties have agreed to the procedure and are not being forced into it by anyone else. The images must also show that both parties have agreed on all aspects of their divorce—including property division and child custody.
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Assets owned by the petitioner
Assets owned by the petitioner are a crucial part of the mutual divorce procedure in India. The law requires that you provide proof of your assets and liabilities and those of your spouse. This includes all bank accounts, investments, fixed assets like land or property, and any other assets you and your spouse may own together or separately.
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Information regarding the family background of the petitioner
The family background of the petitioner for mutual divorce procedure in India is critical to determine because it helps determine whether or not the petitioner has sufficient grounds for seeking a divorce.
The family background of the petitioner is crucial because it may affect how the courts will treat their petition. For example, if you have been previously married and are now seeking a divorce, your previous marriage may be null and void based on your current spouse’s consent to marry someone else.
Summing It Up
By now, you should be familiar with the laws and procedures involved in a mutual divorce procedure in India. You should also understand how to deal with the complex legal matters that may arise during the process.
If you wish to file for divorce on mutual consent, you must get help from an experienced lawyer who can guide you through each step. This is where Vakil Search can help you! Our clients are why we exist; our clients choose us because they know we’ll care for them. We don’t just find you a lawyer we find you the right lawyer for your case.
