Dissolving a marriage which was meant to last till the last breath is scary. But what could be a bigger nightmare is a marriage where there is no love but fights all the time. In such cases, the best possible solution is a mutual consent divorce. Those who have decided to put an end to their sufferings often get confused over the procedural requirements. Being informed with the assistance of an experienced matrimonial lawyer is the ultimate option one can explore. They will suggest the most suitable route to make sure everything goes smoothly. For those looking for what all they may need for the Court case, we have compiled a list of documents required for mutual divorce in India hereunder. Have a look and discuss with your lawyer what all documents may be required based on specific facts in your situation.
Documents Required for Mutual Divorce in India
Proof of Wedding
In order to dissolve a marriage through mutual consent divorce, parties first need documents to prove their marriage in the first place. The first and foremost in the list of documents required for mutual divorce in India is the proof of marriage.
Certificate of Marriage Registration
In India, marriages are governed by personal laws. In some marriage laws, registration is a mandate, while in others, it is optional. Mostly, it is a combination of religious laws and the rules applicable in specific States in India. Wherever mandatory, a certificate of marriage is a must to be kept among the documents for mutual divorce. Where optional, other proof of wedding may surpass the requirement of a marriage certificate.
Wedding Invitation Card
In India, lavish marriage is a thing, while Court marriage is rare. For where the marriage is celebrated in the presence of all the family and friends, a wedding invite is there. A common marriage card in India particularly contains the names of parties going to tie the knot, their parent’s names, date of solemnization of marriage and the wedding venue. What can be noticed is that a wedding invitation mostly proves the date of marriage, names of parties marrying each other, and aspects related to jurisdiction in case the place of marriage was chosen to proceed with the Court of Jurisdiction for mutual consent divorce.
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Wedding Photographs
Any typical Indian wedding is incomplete if there is no photographer to command where to look and how to pose. They are the ones responsible for the cliche mehendi pose of the bride, poses of the couple drowning into each other’s eyes. At the point where the happily ever after has already arrived its terminal, wedding photographs only serve the purpose of proof. Parties need a couple of photographs from their wedding day as a proof of marriage. It plays as another one among the documents required for mutual divorce in India.
Identity Proofs of Parties
Apart from evidence to prove the solemnization of marriage, another important document needed for mutual consent divorce is identity proofs of husband and wife. It could be a copy of Aadhar, voter ID card, passport, driving license, etc. This is particularly required to identify the parties and also their address. In divorce cases, jurisdiction is decided based on the place of residence of the husband or wife, matrimonial home where they stayed after their wedding, or the place where marriage was solemnized. In case of the address of one of the parties, it could be identified through the identity proofs attached with the documents for mutual divorce.
Memorandum of Understanding or Settlement Deed
The most important document required for mutual consent divorce is the settlement deed. This is an agreement which states the terms and conditions based on which both the parties agreed for divorce. It may state the setup in case the question of the custody of a child born in the wedlock has been settled. It further specifies the amount of alimony or maintenance mutually agreed upon by the parties to divorce. The settlement deed for mutual consent divorce is signed by both the husband and wife and 2 or more witnesses as well from both the sides. This assures that the couple have mutually decided the terms based on which they seek to proceed with the mutual consent divorce. It further establishes the financial agreement between the parties which helps avoid any future claims by either parties.
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Passport Size Photographs
Parties seeking to approach the Court for mutual consent divorce also need their recent passport sized photographs. These photographs are to be attached on the petition for divorce (both first motion and second motion) along with other documents for mutual divorce. The photograph is recommended to be colored one where the face of the individual is clearly identifiable without any glass glare or shadow. While signing each mutual consent divorce petition, the parties may be required to put their signature rolling over their passport sized photograph with a ball point pen.
Affidavit
Along with the documents needed for mutual consent divorce, an affidavit is also attached. The said affidavit states that the facts mentioned in the settlement deed or petition for divorce are true to the knowledge of the parties, and they firmly agree on the same. The affidavit for mutual consent divorce petition is for an individual and husband and wife have to sign their own affidavits separately.
Property Details
In case the party who is looking for documents required for mutual divorce in India owns a property jointly with the spouse, and the same is subject to division or transfer during divorce, documents pertaining to its title will be required. It could be a sale or preferably a registration deed. It is always advisable to settle the financial or property related aspects amicably and keep the details of the same in the settlement deed to avoid any future trouble or claims.
Inference
We have compiled the list of documents usually required for mutual consent divorce in India. However, as mentioned previously, you need to discuss the required documents for mutual divorce based with your lawyer. The list of mutual divorce documents shared by your lawyer is based on facts in your case and the legal requirements in your State/District based on specific jurisdiction.
